date

[clx. 237] 1822 July 22 Constitut
[clx. 237]

1822 July 22

Constitut. Code Rationale

Introduction to the Rationale

Thw whole of this work all comprehensive as it is, consists in an application made of two all-comprehensive principles: 1. a principle assertive /respective/ of propriety; a principle assertive of a /respecting an all comprehensive/ matter of fact

The principle assertive of propriety is the greatest happiness /felicity/ principle. The greatest happiness of the greatest number as the only right and proper end of government: all /every/ other ends to which it is possible for the means of government to be directed are /is/ sinister ones

The principle having respect to matter of fact is the self-preference principle. To prefer /Preference given to/ his own interest to all others is a universal propensity in man's nature in whatsoever situation placed.

From these two springs /theoretical principles/ one practical one Would you establish a Constitution /constitute a government/ so order the powers belonging to it make such distribution /disposal/ of the powers /mass of power/ of which government that each member of it each functionary may see that his own particular interest will throughout coincide with the interest of the greatest number /the universal interest/ and this in such sort that he can not make sacrifice of /do evil to/ the universal interest without doing /thereby doing net/ evil to his own particular interest.

Applied to the Constitutional branch of Law /the Pannomion/ of the field of legislation, the greatest happiness principle /the all comprehensive end/ resolves itself into two specific ones - namely 1. Aptitude maximized; 2. Expence, minimized.
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    Ch.1 First Principles

    1.

    Position 1. Axiom as to propriety. Right and proper end of government, happiness of all . Or, so far as incompatibility has place, say of greatest number. Corresponding principle greatest happiness principle. Corresponding end or object right and proper end or object.

    2.

    Position 2. Position or say axiom as to fact . Actual end of government every where greatest happiness of governors. Corresponding principles. Rulers object indicating principle. Corresponding end an object sinister end or object.

    3.

    Proofs of the position 1. Experience as to as brought to view by history. 2. Experience as to man in general, as brought to view by history and daily intercourse.

    4.

    Position indicative of this experience in the general tenor of life self regarding interest is predominant over all other interests put together.

    4 contind.

    Shortly thus. Self-regard predominant: or thus — self-preference has place every where. Corresponding principle indicating self-preference principle.

    5.

    In some eyes this will be an axiom: in others not.

    6.

    An axiom, a position which no man can argue against without absurdity. Example, Eyelids.

    7.

    For satisfaction of doubters, for proof take the existence of the species. Cases of infants and other helpless persons excepted, suppose ease of A's Happiness exclusively by B and of B's by A in few weeks the species would be extinct.

    8.

    Of all modes of location different from the actual one, the above is the most simple. Plan of separation the more complex the more speedy the destruction. A for example, instead of being committed to B, care of A was divided between B and C: care of B & C. in the same manner.

    9

    Through the instances in which this self- preference had place were no more than a bare majority, still on this supposition, not on the opposite one, should all political arrangements be grounded.

    By universal acknowledgement, probability is as the majority to the minority of instances.

    10.

    If in any instance happiness of one man could receive unlimited encrease without diminution happiness of any other the more general expression might serve without limitation: but this is not the case. Hence, necessity of frequently saying not universal happiness, but greatest numbers d o .

    11.

    But if happiness , the corresponding word interest be employed universal may serve for the interest of all or greatest numbers's interest.
  • Title: [[xxxvi. 78] 1822 July 21 Constitut]
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    1822 July 21

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    Introduction

    Preface

    Rationale

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    Greatest happiness do

    Practice-declaring - Duty-declaring

    Problem to render self preference subsertvient to greatest happiness. [...? ...? ...? ...?]

    Such as it is, the present legislative draught is the first in point of time the first to /in/ which any such appendage /additament/ as a Rationale was ever inserted. Now that it does exist /an example of it is in existence/ The utility of its existence will not be matter of dispute: of its non-existence hitherto two causes may be assigned. In every government not having for its object the greatest happiness of the greatest number, want of inclination and want of ability together /both/. In a government having for its object the greatest happiness of the greatest number, on the part of the leading class, namely the lawyer class want of inclination as to all three branches of the Pannomion except the Constitutional branch, and in relation to all three branches, and even in that branch in particular want of ability: want of that anticipation of ability which being necessary even to the bare endeavour is still more plainly so to correspondent success

    Nor and such want of ability /the deficiency/ be considered an object of surprise. Where /Wherever adequate/ motives are wanting action will be wanting likewise: physical desires out of the question where motives are wanting, desires are naturally wanting likewise: and with desires endeavours. The quantity of labour necessary has been such as to fill up the ordinary capacity of a whole life: and in return for this burthen what was the benefit that could by any one be expected?
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    Constitut. Code Rationale

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    ?. Applications proposed of the remuneratory portion of the power of the Public Opinion Tribunal.

    As the Public Opinion Tribunal by the counterforce it applies to /with which by its punitive force /power/ it antagonizes with/ the powers of the government it /the Public Opinion Tribunal/ contributes to keep it in check and keep its course within the path marked out /indicated/ by the greatest happiness principle thereby operating as a security for appropriate moral aptitude on the conduct of rulers as such, so may it in no inconsiderable degree by its remuneratory power.

    Accordingly on several occasions, the use here proposed to be made of this instrument of benficial /good government/ will present themselves to view