[lxxxiv. 95]

1821 Dec 28

Codification Proposal

Admission Universal

III. Aptitude and Inaptitude

Chart of the course of

Misrule

Hitherto /As yet/, and perhaps in every instance without exception where any considerable body of law has been proposed for sanctionment, it has been the work either of some person or persons possessed of legislative power in the whole or in part: a person or persons to whom by himself or themselves, with or without the concurrence of another or others, or of some person or persons acting in subordination to a person or persons circumstances as above: he or they by whom /in whom/ the whole power of sanctionment or a share in it is lodged being the person or persons by whom or under whose orders /direction/ the original draught is to be /has been/ penned, more concisely the initiative there exercised being confined to /exclusively possessed by/ a person or persons possessing or sharing in the consummative power or say the confirmative function /power/

Such is the practice In opposition to this practice, the new principle here advanced, is - that all persons so situated /circumstanced/, are as such, in a preeminent degree less fit than any persons not /if they were not/ so circumstanced. That accordingly the function consisting in the rendering to the community the sort of service rendered by the penning of the original draught of such a body of law ought to /should/ be an object of competition - of universal competition, all persons without exception being at liberty each of them to send in a draught for this purpose: the choice as between draught and draught being to be made by a person or persons possessing or sharing in the consummative power with relation to such original draught: and if all persons possessing or sharing in the same consummative power were excluded from the faculty of sending in draughts of their composition respectively, the security against inaptitude would be still more perfect.