date

[160-247v] 1821 Dec r 24 Codification
[160-247v]

1821 Dec r 24

Codification Proposal

'.5. Draughtsman single /Admission Universal/

As to the choice of hands here follows expressed in the fewest words possible a general indication of the result of the present enquiry, expressed in the smallest possible number of words: an indication of the conclusions formed, together with a correspondently concise and compressed indication of the principal considerations by which these same opinions were suggested

I. Conclusions

1. Original Draughts, the more the better: so as to proposed alterations.

2. For Draughtsmans service reward at the public expence none.

3. For the original Draught, a Foreigner as such is likely to be most apt.

4. For each original draught workman one only: it being known that there is but one, and who he is

II Principal grounds and reasons of the above conclusions

1. For multiplicity of competitors. The more the draughts, the greater the chance of having the best possible: and the more compleatly powerless the draughtsman is, the less his chance of his flattering himself with the hope of being able by means of his draught to give effect to any sinister interest or prejudice.

2. For preferring a foreigner, exemption from native sinister interests and prejudices.

3. For gratuitousness of the service, avoidance of inaptitude through favoritism, and precipitation: and of delay and final non-performance.

4. For singleness. The more the hands, the less the responsibility: the less the force of the quondam power of public opinion upon each.

the above are but faint anticipations. For placing all these several points in full light, considerable explanations will be unavoidable

To commence with the article of singleness. Hands concerned in each draught, no more than one
Similar Items
  • Title: [[036-112v] 1821 Dec r 22 Codification]
    Description: [036-112v]

    1821 Dec r 22

    Codification Proposal

    '.5. Draughtsman single /Admission Universal/

    '. The greatest happiness of the greatest number requires, that from every person without exception proposed original draughts be admitted. Plan for giving the utmost practicable encrease to the number of such rival draughts.

    What is above has for its subject the characteristic nature and plan of the proposed work.

    What follows has for its subject the choice of hands for the execution of it: always remembered that the work in question is - not a body of law in its ultimate shape - in that the state in which it received the sanction of law from sovereign authority of the community, but only the original draught, drawn up in the view of its eventually receiving the sanction of law as above, after undergoing any such alteration as by that same authority shall have been made in it. To give to any such draught the force of law is to exercise the highest imperative power in the state. By the mere preparing of any such draught for the choice of those to whom that power belongs, no power at all is exercised.

    As to the choice of hands the result of the present enquiry, and is accordingly here maintained may be summarized in the first place by three short phrases

    1. That this same original draught should be the work of some one hand, and not of any greater number of hands /1. Draughtsman single - his singleness and his personality that there is but one, and who that one is being known/ The reason is - /Cause or reason -/ that in the case where there is but one hand and that hand known the danger of inaptitude on the part of the work will be obviated by a security which in the case of divers hands does not operate, if at all, with such considerable force. This security is the tutelary /guardian/ power of the tribunal of public opinion.

    2. For choice, [...?] rival works from as many hands as well each working singly. Cause or reason, taking the best chance for the best service

    3. Remuneration, for this service alone, and at the public expence, none.

    Cause or reason, on the part of the arbiter or arbiters the reward, by the opportunity afforded of serving self-regarding interest to gratifying private sympathy leads to diminution of the number of the competitors.
  • Title: [[036-131v] 1821 Dec r 24 Codification]
    Description: [036-131v]

    1821 Dec r 24

    Codification Proposal

    '.5. Draughtsman single /Admission Universal/

     29 Dec r 1821. Rewrite this text for the head of universal admiss n

    First, as to universal admissibility.

    To shew /For shewing/ the grounds of the conclusion formed /thus expressed/ in relation to this head, the following positions or observations require to be brought to view.

    1. In a draught for this purpose, taking each part by itself, aptitude on the part of the work will be greater, if there be but one hand, than if divers hands be employed in it

    2. By the draughtsmans situation with reference to /in respect of/ political power the influence of all the several causes of inaptitude on the part of the workman and the work will be modified.

    3. To each such situation belongs a cause of inaptitude in the shape particular and sinister interest, strengthened by interest-begotten and other prejudices

    4. In each such situation the influence of such sinister interest and prejudices receives encrease proportioned from the number of the hands: encrease originating in proportion to the number of the hands

    5. As between part and part, regard for consistency of design and execution requires that the parts of this great body all of them if possible be the work of one and sand hand.
  • Title: [1821 Nov 15 Codification Offer]
    Description: 1821 Nov 15

    Codification Offer

    '8. Foreigner best Conclusion

    From all this it seems sufficiently evident, that, from any adoption, however

    extensive, given in the instance of that particular Constitutional Code, to a

    Code the original draught of which was composed by the hands of natives, it

    follows not that, in the case of a suite of Codes, Penal, Civil and

    Constitutional, formulated each of them with an interwoven rationale the

    circumstance of the original draughts having had a foreigner for its author

    would be the less likely, to given to the acceptance of it on the part of other

    nations, the superior facility above supposed.