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[160-281v]
1821. June 18.
Codification Offer
'.8/10/. Foreigner why
'.3. II. Intellectual aptitude 2. Knowledge
in a genus of injury, to which, in every country, men of every race, stand at all times, exposed.
Thus a corporal injury will be an injury every where, and to every human being. But, in Hindoostan, for example, to the feeling of a certain race, corporal injury is produced, by a species of contact, by which no injury w d. be produced in any part of Europe.
So again in regard to simple mental injuries: including so many various forms of as yet undenominated injury, which have their seat nowhere but in the mind. By a portion of audible discourse, or by a visible exhibition, by which contempt is expressed, for opinions, to this or that effect, entertained in relation to religion,- pain of mind is liable to be produced. According to the amount of it, in the case of pain produced from this source, as in the case of pain produced from any other, the act, by which it is produced, may, under certain circumstances, be with propriety regarded and dealt with as injurious every where: but in some countries, and in the case of some persuasions on matters of religion, the description of the thus injurious discourse, or exhibition, will be of one sort: in others, of another.
Of the distinction between those universally applying and those exclusively applying circumstances, the above examples will, it is hoped, be found to afford a conception sufficient for the purpose. The distinction is capable of being carried, and in the proposed Code will of course be carried, throughout the whole field of legislation. In this place, to pursue it further, would be to force, so much of the matter belonging to the proposed Code, into a slight preliminary sketch extraneous to it.
Such being the distinction, now for the application of it to the case in hand. Of whatsoever country the draughtsman be a native, those circumstances, which are of universal occurrence and applicability, may be equally and perfectly present to his notice. For those shades of difference, which are peculiar to his own country, the native, as compared with the foreigner, will be - if not exclusively, at least preferably, qualified. But, suppose two men, the one a foreigner, the other a native, and the foreigner more freely conversant with the circumstances of universal occurrence than the native, and in all other particulars, better qualified for making, throughout the whole field of legislation, that provision, which those same circumstances require,- this supposed, that which without much difficulty may happen, is - that even in regard to these sam particular circumstances, it may be in his power to afford to the work a degree of aptitude such as but for him, could not have been possessed by it.
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Title: [[114-020v] 1821. April 14 Codification]Description: [114-020v] 1821. April 14 Codification Offer '7 Foreigner why The same in every country, for every race, and at every time will be found the enumeration of the misdeeds by which security is liable to be affected, the classes & genera, of the names of which the list of those misdeeds will require to be composed, and the definitions by which the points of agreement and difference as between one genus an another, as well as between each of them and innocence, will require to be determined and expressed. In this or that country, in the case of this or that race, at this or that point of time. At the present time for example circumstances may afford room for producing injury, in this or that particular shape, in which, in this or that other country, in the case of this or that other race, man is not exposed to it. True. But the species to which the injury when in this particular shape may be said to belong, is a species which upon observation will be found comprehended in a genus of injury to which in every country, men of every race stand exposed. Thus a corporal injury will be an injury every where and to every human being. But in Hindoostan, for example, to the prejudice of a certain race, corporal injury is produced, by a species of contact, by which no injury would be produced in any part of Europe. So again in regard to simple mental injuries: those undenominated injuries, which have their seat no where but in the mind. By a portion of audible discourse, or by a visible exhibition, by which contempt were expressed for opinions to this or that effect, entertained in relation to religion, pain of mind is liable to be produced. According to the amount of it, an act productive of pain from this source, as well as from every other, may, under certain circumstances, be with propriety regarded and dealt with as injurious every where: but, in some countries and in the case of some religious persuasions, the description of the thus injurious discourse, or exhibition, would be of one sort: in others, of another.
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Title: [[114-022v] 1821. April 14 Codification]Description: [114-022v] 1821. April 14 Codification Offer '7 Foreigner why Of the distinction between these universally-applying and these exclusively applying circumstances, the above examples will, it is hoped, be found to afford a conception sufficient for the purpose. The distinction is capable of being carried, and in the proposed case will be carried, all over the whole field of legislation. In this place, to pursue it further would be to force so much of the matter belonging to the proposed Code into a slight preliminary sketch extraneous to it. With whatsoever country the draughtsman be a native, these circumstances of universal occurrence and applicability, may be equally and perfectly present to his notice. For those shades of difference which are peculiar to his own country, he will, as compared with a foreigner to that country, be - if not exclusively, at least preferable, qualified. But suppose two men, the one a foreigner the other a native, and the foreigner more fully conversant with the circumstances of universal occurrence than the native, and in all other particulars better qualified for making, all over the field of legislation, that provision which those same circumstances require,- this supposed, it follows that to the foreigner it may happen to be best qualified, though not for filling up the outline in every part with his own hand, by particular arrangements in terminis, yet for giving, in regard to the aptest mode of filling it up, such apt instructions and suggestions as, though the mind of the foreigner would not have presented them to him, may with advantage be employed by him for his guidance.
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Title: [[160-282v] 1821. June 17. Codification]Description: [160-282v] 1821. June 17. Codification Offer '.7/8/. Foreigner why '.3. II. Intellectual aptitude 2. Knowledge In comparison of the universally applying, the extent of the exclusively applying circumstances will be found very inconsiderable. Moreover, throughout the whole of the field, the exclusively applying circumstances will be found to be circumscribed as it were by and included in the universally applying circumstances. The great outlines, which require to be drawn, will be found to be the same for every territory, for every race, and for every time: only in this or that territory, only for this or that race, only for this or that time as distinguished from this or that other, will the filling up of those lines be found to require to be, on this or that point, more or less different. In every country, and for every race, at every time,- of the all-comprehensive and only defensible end - the greatest happiness of the greatest number - of the four most comprehensive particular and subordinate ends - viz. subsistence, abundance, security and equality - with their several divisions and subdivisions, will the description be found the same: only of the means best adapted to the accomplishment of those great ends, in this or that country or for this or that race, at this or that time, will the description, in this or that particular, be found, in a greater or less degree, different. On pursuing the enquiry further and further into the region of particulars, the result will still be found the same. The same, in every country, for every race, and at every time, will be found the misdeeds by which security is liable to be affected; the classes and genera, of the names of which, the list of those misdeeds will require to be composed; and the definitions, by which the points of agreement and difference as between one genus of misdeed and another, as well as between each of them and innocence, or (what will come to much the same thing) unpunishableness, will require to be determined and expressed. In this or that country, in the case of this or that race, at this or that point of time, circumstances may afford room for producing injury, in this or that particular shape, in which, in this or that other country, in the case of this or that other race, at this or that other time, a man is not exposed to it. True. But the species of mischievous act to which the mischief, when in this particular shape, may be said to belong, is a species, which, upon observation, will be found comprehended in
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