[xxxviii. 174]

1822 June 18 Consult 1823 June 30

Constitut. Code Economy etc

Ch. Expository matter

 1. Law - its branches

1. Branches of the body of the law, are

1. the Operative.

2. the Constitutive

Operative is composed of the Penal and Civil

2. By Constitutional branch are determined the powers and duties of functionaries, and the acts, events, and states of things by which they are located and dislocated - made to begin, and cease to be so.

3. By the whole together is expressed the aggregate of the wills declared by the supreme operatives at the point of time in question, expressed by all anterior do. included, except in so far as the contrary has been declared.

.2. Government - its ends proper and sinister

4. Sole right and proper end of Government, greatest happiness etc. of all, so far as the happiness of any one can be encreased, without lessening to a greater amot., do. of any other or others of the greatest number, so far as that is not the case.

5. Of happiness or say good thus produced the net amount will be directly as do. produced inversely as do. destroyed, or say evil produced.

6. Included in the essence of Government is evil. Only by creating obligations can Government be carried on. To govern is to do evil - to govern well, is to do the least evil that the greatest good may come.

7. A Government's goodness is as the appropriate aptitude of its laws and operations with reference to that end.

8. External circumstances the same, this aptitude will be as the aptitude of the functionaries by whom the laws have been made, the operations performed.

9. Taken by itself, all expence is evil.

For remembrance and standard of reference, hence these aphorisms.

1. Sole proper end of Government, greatest happiness etc.

2. Immediately subordinate direct means, functionary's appropriate aptitude maximized: do. collateral, expence minimized.