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[clx. 208]
1821. April 30.
First Lines
Constitutional
Under a Representative Democracy, the matter of the substantive branch of law will, throughout the whole frame of it, have, for its object or all-comprehensive end - the greatest happiness of the greatest number: in proportion /proportioned/ to the wisdom and felicity of the arrangements by which that end has been pursued and been endeavoured to be attained, the end will accordingly be attained /have been fulfilled/.
Under this same form of government /Under an absolute Monarchy/ the adjective branch of the law will of course /naturally/ have that same object for its all-comprehensive end. Accordingly so it will in fact in so far as it is the work of the same legislator of which the substantive branch of law is the work.
In the only example as yet known of a Representative Democracy, viz. the Anglo american United States, the only branch /portion/ even of the substantive branch law which is the work not only is enforced by the authority, but has actually been the work of the supreme operative power in that state or cluster of states is the Constitutional branch. The mass of law with which every other part of the field of legislation is there covered, remains in a state of chaos. Of this chaos, the ground is throughout composed of the corrupt mass imported from the territory of the limited Monarchy from the yoke of which this democracy has, for above these 40 years, been so compleatly liberated: a ground wor composed partly of statute law i.e. real law, partly of imaginary and fictitious law, called common law. Upon this chaos are still suffered to dribble in streams of fictitious law from the same impure source: and upon this medley /into this hodgepodge/ are, from time to time, cast batches of real law - the home-made work of the several particular legislatures.
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Title: [[clx. 210] 1821. April 30.]Description: [clx. 210] 1821. April 30. First Lines Constitutional In an absolute Monarchy, the substantive branch of law having, throughout the whole texture of it, he same all-comprehensive and supremely improper end, in place of the greatest happiness of the greatest number - the greatest happiness of the one individual for whose sake it was composed, and of whose single will it is the expression, the adjective branch of law has for its object of course the same spurious end. What /But/, even in an absolute Monarchy, although, in so far as competition on any occasion has place, the greatets real happiness of the greatest real number which is throughout sacrificed to the interest real or imaginary of that one - yet - such is the connection between the one and the other interest, the interest of the whole /all/ community can not be left wholly unprovided for: for the gigantic mass of the matter of opulence accumulated for the single use of the Monarch and those to each of whom he finds it necessary to impart a portion to it, can not have been produced, or been kept up, otherwise than by means of the labour of the greatest number: and to labour a man must live. Hence, in the laws and other arrangements of even the most barbarous absolute monarchy, the mass of laws and other arrangements will, in conception at least, be divisible into two conceivably distinct portions: the one having, for its immediate as well as ultimate object, the happiness of the Monarch: the other, though having the same ultimate object, yet having, for its immediate object, the happiness of the greatest number of some large portion of it. Here, then, are two distinguishable portions of substantive law in relation to which the degree of aptitude and subserviency appertaining to the institutions subservient to it viz. the adjective branch of law will have considerably different effects. In so far as, for the separate benefit of the Monarch, the happiness of the greatest number is sacrificed to his paticular and sinister interest, real or imagined, his subjects being in so far dealt with by him as enemies, in so far it is not by the aptitude but by the inaptitude of the adjective branch in relation /with reference/ to the substantive that the greatest happiness of the greatest number is most served
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Title: [[clx. 217] 1821. May 3 d First]Description: [clx. 217] 1821. May 3 d First Lines Procedure. Under a Representative Democracy, the substantive branch of law has in every one of its several branches for its actual end, the greatest happiness of the greatest number. Sooner or later, it can not fail to have, for its actual object, the same all-comprehensive end in this branch likewise. in the only as-yet fully-established specimen of Representative Democracy, viz. that of the Anglo American United States, the end, to which the system of Judicial Prcedure hath as yet been directed, it is not thus simple. It is a sort of double end: composed an end /in the composition of which/ one ingredient is the exclusively proper end abovementioned - the greatest happiness of the greatest number - the othr, of support and advancement of the particular interest of one influential class of men, the Professors of the Law. In another country, from the yoke of which these States - originally called its Colonies or its plantations - so lately emancipated themselves, the support and advancement of this particular interest formed, as will be seen, one ingredient in the composite end to the fulfilment of which this branch of law was directed. In that Representative Democracy, though the yoke of this branch of the Aristocracy - such is still the blindness or negligence of the subject many - remains upon thier necks. True it is that, of the weight with which it continues to press upon the people at whose expence it was originally fabricated, a part, more or less considerable, has, though in different proportions and in different states, been put away. But, in that state in which there remains least of it, the pressure of this foreign nuisance is too severe not to be matter of just reproach to the people who, continued to endure it by continuing t endure it, show how much larger a share of patience than of discernment is exemplified in the composition of their minds. Under
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Title: [[clx. 209] 1821. April 6. First]Description: [clx. 209] 1821. April 6. First Lines Constitutional Such, being the with the single exception of the Constitutional branch, being the state of the mass od substantive law in that favoured region, the state of the correspondent adjective branch presents a still worse compound. Imported from the same impure soil, it is, in still larger proportion, composed of imaginary and fictitious, instead of real law.
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