JB_128_034.xml

Title: [15 May 1821 Codification Cttee Rudiments]

Description: 15 May 1821

Codification Cttee Rudiments

From Papers on Codificat. pp. 117 to 120

Materials[?] useful functions

I. To subject between 1. […?] to put[?] in memory. Compass for interpretation

II Legislator

1 Compass. 2. Barrar[?]. 3. Support[?] IV. in public opinion.

III. Judge – 1. Compass 2. Barrar[?]. 3. Support.

IV & V. Citizens at large or similar[?] buys 1.

sense of security and tranquility: affects[?] an intellectual and moral a lesson book.

VI. […?] argument. Lesson Books in legislation Inserendum

VII To /[…?]/ Inserendum Misrule book indicates test of aptitude as Candidates.

Inserendum. }

§.9

As to regard to legislation test of law[?] applied to Constituents: some of […?] to

himself, requiring perpetual reference to it.

Inserendum v §.8 }

§.8

Without this test, no dwellers too weak to make laws p.119. hand on §.8.

§.10. Offer[?]

Codification Committee should not take umbrage at J.B. English Legislature never

takes umbrage at amendments.

{ Inserendum. §.9. or so

In any State /[…?]/ should a Rationalized Code be established, it will form an arm[?]

in Government, it will be an example to all other Nations. In that[?] Nation at any

rate, the reign arbitrary law will be at an end: at an end for ever. For when

rationalized law has made its appearance, very […?] would rather[?] for excluding

/[…?]/ any such proportion as that of substituting to it arbitrary law. }

Jury to Arquillon[?]

Appeal to the National or the Provincial Capital according to the probability of a

good Jury.

Jury to be in each others presence till Verdict is given. This to prevent bribery.

Opinion of the number of the tribunal of public opinion is more imposing when not

pronounced, than when as in the case of a Jury pronounced: pronouncing an opinion some one way some

another, they become parties.

Melancholy the reflection. By power[?] and sinister interest adification[?] easy: by

continual aptitude without sinister interest, supremely difficult.

Leave here the praise of active Talent – The praise of moral aptitude and

intellectual will still rise to power.

+ Grudging not to another and a foreigner the praise of genius[?]

That of right application of power[?] to such an object passive[?].

11 May 1821.

1. + This offer made notwithstanding to publication of Papers

relative to Codification &c. p.1

2. + Refusal of reward – reasons for it. p. 2. 3.

3. Notification of these particulars why necessary p.1. – p.4.

4. J.B.’s aptitude absolute and comparative. p.5

Proofs 1. Public opinion of Dumontiana. 2. Testimonials. p.7

5. Code why not already commenced[?] and published.

{ §.4. Draughtsman single Subsistence.

§.§.1 Reason 1. Securing consistency Draughtsmen subordinate – 1. 2. 3. 4

§.§.2. Reason 2. Securing moral aptitude. Workmen independent and co-ordinate. 5. 6.

7. 8. 9. 10 17 o.

§.§.3. Reason 3. Securing aptitude intellectual as well as moral – draughtsmen […?]

and subordinate: 14. 15. 16.

§.§.4. {Conformity of public opinion to greatest happiness &c supposed –

why.} The greater the number of opinions of which public opinion is composed, the

greater the chance of its conformity and conduciveness to greatest happiness

&c. 18. 19. 20. 21. 22

§.§.5. The greater the number, the greater at any rate its effective force, to the purposes of remuneration and

punishment. 12

Ordo novus proposed 12 May 1821

§.§ 1. Hands divers – Inconsistency as between the division and division division

great viz. no[?] […?] aptitude – moral and intellectual supposed 1. 2. 3. 4

§.§.2. Hands divers, and independent and co-ordinate deficiency as to moral aptitude.

5. 6. 7. 8. 9. 10. 17. One will as[?] procure a draught conformable to his

interest[?] and prejudice, the others will each of them get in as much of his own as

may be. Hence the[?] consistency, and thus intellectual power of the weak will be

empowered. Inserendum

§.§.4. Hands divers acting under secret direction of an independent functionary,

makes deficiency as to moral aptitude. His sinister interest associated[?]. His

working[?] so far as they can […?] his. Intidum[?] }

§.4. Draughtsman single subsistence continued.

§.5. Hands divers, acting each under direction of superior or superiors can severally

or conjunctly deficiency still palls[?]. Intidum[?]

§.6. So as to intellectual aptitude. 13

Assumed

§.7. Assumed, the conformity of public opinion to greatest happiness &c. 1.

First as to direction.

The greater the number of those who take […?] the greater the chance of the

conformity of their opinions to the greatest happiness of the greatest number. 18.

19. 20. 21. 22. 23.

§.8. as to force. The greater their number, the greater their power as to […?]

remunerative and penal. 12 }

By the […?] for the factitious[?] those who would be absent[?] by the national[?]

mood[?] will be driven[?] away through despair of access

to[?] be what will be said per[?] moral aptitude

{ 1. Consistency

4. Aptitude throughout so far as depends on moral aptitude /[…?]/

3

1. Case 1. Workmen Divers independent and coordinate. i.e. a Board 5. 6. 7. 8. 9. 10

4

Case 2. Workmen are under direction of a Board.

2

3 1. Case 3. Workmen divers, under direction of a single hand.

5

4. Case 4. Workmen divers acting under direction of a Board. Members directing[?]

jointly or severally.

5. Case 5. Workman one acting under direction of one superior.

III. Aptitude throughout so far as depends on intellectual aptitude. }

§.10 Offer Why

§.§.1. Offer here renewed why. p | | p.1

§.§.2. J.B.’s aptitude, {absolute and} comparative p.2

§.3. D o absolute as for translation & periodical[?]

§.4.

Bonapartes Codes

Code d’Instruction Criminelle Paris 1810 Edition Stereotype – 2 de

tirage.

Pages 140 […?] 643

without Motifs

Then follows 1. Motifs du livre

1. Ch. 1 à 8. pp. 1. to 36

Par Trulhard[?], Réal et Faure Conseillers d’Etat Seance du 7 Nov r 1808

2. Motifs du Livre II

Tet. 1[?] Ch. 1 a 2 par Trulhard[?], Bastier et Petit, Conseillers d’Etat. Séance du

9 Nov r 1808. pp. 36 to 48.

3. Rapport par les Chapitres 1 et 2 du livre II du Code d’Instruction criminelle, par

M r Granier, Membre de la Commission de Législation. Séance du

19 Nov re 1808 pp. 49 to 61.

4. Motifs du Livre Tetes II Ch. 1 a 5 Presentes par M. le Comte Faure Orateur du

Gouvernement.

p.p. 113 Fondée sur des principes de douceur et d’humanité, une institution noble et

liberal par estime ne sauroit[?] etre incompatible avec le caractère et les moeurs

d’une nation naturellement douce, bonne et généreuse.

N[?]. 188. Le nouveau Code criminal, Mess rs a été l’objet des

meditations de Heros-Legislateur qui nous gouverne, et dont l’image révéré semble

respirer dans cette enceinte[?]

All comprehensiveness possibility – proofs of

In these genera[?] generalissima are comprised all the several authorial[?]

queries[?] and […?] that can ever present themselves to mans[?] observation.

1. Ends. 2. Means

Pains 2 and Pleasures 1 que[?] bills[?]

2. Subjects operated in sinister[?]-[…?]

3. Agents operating - d o

4. Instrumental

5 1 Benefits 2 […?]

6. […?] acts, beneficial acts: their fictitious product[?]

services rendered.

7. Aspect of will to the act

1. positive 2. negative

8. 1. State of things. 2. Events

{ Possible que[?] Post[?] can[?], had[?] post[?] nor be immoral[?] scarcely[?] not

possible a little what[?] here[?]

In states as in individuals[?]

Youth[?] the sense of

Virtue: } of claim is the sheet[?] it is nothing[?] […?]

{ Fortunately […?] stands clear of the onslaught which sinister interest would

otherwise pour down }

{ Produced[?] 29 May 1821

Offer[?]

Think of the difference between a body forced either immediately by a Despot, and the

mere[?] acceptance of a Code for[?] J.B. for […?] only. Yet law[?] […?] […?] from

036_200V.xml

Title: [[036-200v] 1821 July 5 Codification]

Description: [036-200v]

1821 July 5

Codification Offer

'.9. Draughtsman gratuitous

Under such a government therefore, from a stipendiary as well as from a gratuitous draughtsman, might not universally be expected, a work exempt from all deterioration, in so far as sinister interest generated by corruptive influence is the only source from which it can flow: and the hands of a Draughtsman appointed by a Committee of the legislative body being in this case the hands of a single individual, would for the reason above maintained /given/ even though he were a native be more competent /apt/ than the hands of the Committee itself.

Still however this Draughtsman, if a native would /still this native draughtsman single as he is will/ not in respect of aptitude in one shape aptitude in other shapes equal be upon a level with a foreigner. For though in this case error having sinister interest for its cause is not to be apprehended: their remain those errors which have prejudice - local prejudice - for their cause. To the /any/ prejudices of the natives draughtsman or no draughtsman there would be no check: to the /any/ prejudices of the foreigner there would be an assured check: a check composed of such native prejudices as well as of such native reason as have place in the breasts of the natives.

JB_012_073v.xml

Title: [1821. April 2 Codification Offer]

Description: 1821. April 2

Codification Offer

'7 Foreigner why

As by sinister interest moral aptitude may be affected and deteriorated, so, by prejudices, interest-begotten or otherwise derived, may intellectual aptitude. In any prejudices peculiar to the country in question, the foreigner, by the supposition, has no share. From prejudices imbibed in his own foreign country, no danger to the one in question can arise. In none of these prejudices will those persons, from whom alone the Code of his framing can derive its binding force, have any share.

The national prejudices - the erroneous preconceived opinions derived from nationality,- whatever they may be, which may have exercised an influence more or less prejudicial on his work, will find ready prepared for them, a check, composed of the prepossessions, reasonable and erroneous together, of those on whom the work will have to depend for the acceptance given to it; at their hands it will not fail to receive any alterations which in the name of amendments they may be pleased to make in it.

In the case where the draughtsman is a native, this check, useful as it can not be denied to be, has no place.

(a) When Mill's History of British India first came out, it being advertised that

the author had never set foot on any part of the country of which he gave the

history - "What instruction can be got from this book by any of us who have

[...?] or lived there was a question generally [...?] It had long made its

appearance, before the acknowledgments became generally that no man who had ever

been there possessed so clear, correct, or extensive a conception of the state

and history of that country as the historian who had never set foot on any part

of it.