[xxxvi. 132]

1822 June 29

Constitut Code

Supreme Operative

I. Monarch

His interest sinister

As to security against misdeeds on the part of functionaries - security against the abuse of his own power - the very idea of it is intolerable, as if in his hands power were exposed /capable/ of being abused! as if wrong could be done by him by whom no wrong can be done - by him, by whom /for whose benefit/ of that which if done by another would be wrong, is by the mere circumstance of its being by him that it is done, converted into right.

4. Equality. In a Republic, the instrument of felicity thus denominated is watched and guarded with peculiarly anxious care. It is regarded /prized/ not only as being in its own character an instrument of felicity an instrument for producing the greatest quantity of internal felicity itself out of a given quantity of the external instruments of felicity, but an instrument of security for security itself: in particular for securing all the several instruments of felicity to all the Members of the community against the enterprizes /invasion on the part/ of such of them as have place /are/ in the situation of public functionaries

But to the Monarch the very word is an object of abhorrence. To give admission to it in the list of fit ends of the distributive branch of law, is at once to put an exclusion upon his Office: to shut the door of the Official Establishment upon /against/ his office. Of all the imaginable instruments of felicity that can be named not one is there in which he can endure the idea of seeing any other member of the community possessing an equal share

In particular not so much as an equal share in the protection of the law:- in the benefit derived from the services of the Officers belonging to the judicial department, directed, as they are or ought to be, to the securing to every Member of the community his proper share in the aggregate stock of the external instruments of felicity, against evil, in the several shapes in which it is endeavoured to be excluded by prohibition and punishment attached to the several misdeeds by which it is liable to be produced

[xxxvi. 133]

1822 June 29

Constitut. Code

Supreme Operative

I. Monarch

His interest sinister

2. Take in the next place the four immediately subordinate ends of the Non-penal or distributive branch of law: Subsistence, Abundance Security and Equality in so far as the less important are compatible with the more important, maximized.

1. Subsistence. This it is true it is his interest they should have: that is to say such of them as are in a condition to work and can be made to work: for, unless he lives, man can not work. /for man can not work any longer than he lives./

But it is the interest of the greatest number that whether able or not able to work they should live which is as much as to say that they should subsist that they should have subsistence /in which is included the having subsistence/.

2. Abundance. This also it is his interest they should have: and the more /greater the quantity/ they acquire /produce/ and thence have, the greater the quantity which it will be in his power, as it can not fail to be in his inclination, to get out of them /these/ for himself. But so long as by any act of his, any addition how small so ever, which could not otherwise be made to the stock of the matter of abundance to the stock of their portions neither passing into and through his hands, how great may be the quantity which by this same act is taken out of their hands or prevented from finding its way into them will to this same personal interest of his be matter of indifference.

3. Security. Security is for body, mind, reputation, pecuniary property power, condition in life: it is against against injury at the hands of external evil doers, internal evil-doers not being functionaries, and internal evil doers being functionaries. Security against external evil doers, i.e. against foreign enemies his personal interest prompts him to maximize, so long /far/ as no expectation of profit presents itself from the restriction or diminution or destruction of it. But that which he is continually upon the watch to get is - an augmentation of the mass of the external instruments of felicity in his hands at the expence of other communities: and in the way /by means/ of war, that is murder upon the largest scale, this he never can get but by the diminution and as to so much the destruction of the security of his subjects as for the several possessions above enumerated.

[xxxvi. 134]

1822 June 29

Constitut Code

Supreme Operative

I. Monarch

His interest sinister

3. Take in the last /next/ place, the Penal branch of law. Immediately subordinate ends Beneficial Effect of the distributive branch of the law maximized; punishment minimized.

With regard to Civil or say Distributive branch of law taken in its several sub-branches or specific branches, as above it has been how far in the situation of Monarch his particular interest is accordant and coincident with the universal interest, how far opposite to it. 1. First then as to the maximization of the beneficial effects in question. So far as the above mentioned coincidence has place it is his interest that the universally beneficial effects may, by all imaginable means, and by this principal means in particular be maximized. But so far as instead of coincidence opposition has place, this same particular interest of his requires that the amount of these same beneficial effects be minimized: or, in other words, that none such have place, but that the opposite evils have place

2. Next and lastly, as to the minimization of punishment So far as by the infliction of punishment, /misdeeds on the part of/ any individual in or not in the situation of functionary under him misdeeds tending to promote his particular interest - vengeance and ease included would be repressed, his interest requires that no punishment at all be inflicted: or if any, none beyond the least possible.

So far as by the infliction of punishment acts tending to the security of individuals against misdeeds the commission of which is required as above by his particular interest would be prevented, and thence his power of evil doing restricted, or any gratification afforded to his appetite for vengeance, or any security afforded to him against disturbance to his ease against disturbance, his particular interest requires that punishment be maximized.

For particular exemplifications, see the above mentioned " Sketch"

[036-136v]

1821 Dec r 4

Codification Proposal

'.5. Draughtsman single

'.5. The greatest happiness of the greatest number requires, that, of this original draught of an all-comprehensive body of law with its rationale, the whole be, if possible the work of a single hand.

In the case of a work of the sort in question, For the property of contributing in the highest degree to the greatest happiness of the greatest number say appropriate aptitude or in one word aptitude.

Suppose this great whole divided into parts, the aptitude of the whole will depend partly upon the aptitude of each part taken singly, partly upon consistency as between part and part

First as to each such part taken singly and considered as a separate work.

As in the case of every other literary work so in this, the materials being given or out of the question, aptitude on the part of the work will be as the appropriate aptitude on the part of the workman or workmen. Even Postponing and Setting aside the consideration of consistency, aptitude in other respects equal it can not be so entire where divers hands are as where but one hand is engaged in it.

Inseparably connected with /In the case of/ a work of this sort, is a correspondent function /service/ and a correspondent service. /function./ By the execution of the sort of work in question a function is performed, and a service rendered: a function of government exercised, and a service rendered to the whole community of which the government forms a part.

In relation to the work, the function and the service in question aptitude on the part of the workman may be said to consist /considered as consisting/ of three elements or to be divided into three branches: appropriate moral aptitude, appropriate intellectual aptitude, and appropriate active talent.

Intellectual aptitude again may be said to consist of two elements or to be divided into branches - appropriate knowledge and appropriate judgment.

[xxxvi. 136]

1822 June 29

Constitut Code

Supreme Operative

I. Monarch

His interest sinister

II. Next as to intellectual virtue with relation to felicity say intellectual aptitude.

In proportion as knowledge and sound judgment as applied to the field of legislation encrease, the /this/ opposition of the interest of the Monarch to the rest of the community will become /becomes/ manifest and with it the want of virtue moral as well as intellectual betrayed by the patience /obsequiousness/ by which any such Office in the Official Establishment is suffered to have existence: the Office which may be stiled that of Malefactor General.

For the diminution and if possible destruction of aptitude /virtue/ in this form he has /sees before/ two resources: the extinguishing it altogether /extinction/, and the perversion of it.

[xxxvi. 137]

1822 July 15

Constitut. Code Rationale

Supreme Operative

I. Monarch

?. Cause of Monarchical Misrule, sinister interest not upright prejudice.

The amount of misrule and its effects being given, a standing question a question that on each occasion presents itself is - as to how much of it is it owing to moral inaptitude, how much to intellectual: how much to sinister interest, how much to prejudice, whether interest-begotten or derived from other causes: not to speak of intellectual weakness. The question however is a matter rather of curiosity than of use: of use to the purpose of affording direction /guidance/ to practice. Take this or that mischievous /anti popular/ arrangement at pleasure: if not its creation, its preservation is at any rate is the work of the sinister interest. Independently of the sinister interest, let /be/ the institution let the arrangement let/ be/ the phantasm of the imagination be ever so absurd, go back far enough, you may always find honest absurdity honest intellectual weakness sufficient for the engendering /creation/ of it. How can it be otherwise? for /since/ among the people at large notions fraught with absurdity are not without example notions which being adverse to the interest of all /those/ by whom they are entertained can not have had for their cause sinister interest at any rate can not have had correct conceptions of particular interest. But so long as it is by the sinister interest that the causes of evil are supported and maintained whether it was in sinister interest or in /the moral part or in/ the intellectual part of the mental frame that the evil had originally its rise matters nothing to any practical purpose Many are the instances in which that which at first sight will present itself as the result of intellectual weakness, will on scrutiny be found /seen/ to have been the genuine fruit of sinister interest: and the more closely the mechanism of misrule is scrutinized into, the more extensively will this genealogy be seen to have had place.

Give examples

[xxxvi. 138]

1822 July 13

Constitut. Code Rationale

Supreme Operative

I Monarch

One universally-applying maxim dictated by /the genuine fruit of/ the sinister interest, serves as a means of preservation to absurdity in every imaginable shape. Though the absurd institution or arrangement is not productive of any immediate advantage to yourself says the modern Machiavel to his patron preserve it notwithstanding: for though the existence of it does not serve, the abolition of it would disserve, your own particular interest. Why? Because to justify the abolition it would be necessary to lay down /bring into action/ some position, conformable to reason and subordinate and subservient bearing a reference more or less obvious to the all-comprehensive and universally applying principle - the greatest happiness principle. But by homage paid to that principle, you put arms into the hands of the adversary: when the absurd arrangement from which you derive no advantage is disposed of, presently after enters the adversary and proposes the abolition of an absurd institution and arrangement from which you do derive advantage, and which you can not spare thereupon for a ground for the proposition, out comes this position which, you yourself having made use of, and given your sanction /paid homage/ to you can not give up /oppose/, or elude the force of without rendering your insincerity and the corruptness of your disposition manifest without betraying and laying open to view the corruption with which your heart /whole frame of mind/ is impregnated

See Under [...?] etc

[clx. 139]

1822 July 13

Constitut. Code Rationale

Supreme Operative

I. Monarch

Let /Be/ this the be the general rule /acted upon in all cases/ - whatsoever institution or arrangement is adverse to the universal interest is the result of the /of the rulers/ particular and thence sinister interest of the /in the hands of the/ ruling class. In few instances indeed if in any will the position be wrong in theory - where it is wrong the error will not be productive of any evil consequence in practice. Not so, if the cause being sinister interest the effect is ascribed to a mere error of the understanding to a disorder /derangement/ in the intellectual part of the machinery. In this case it is to the curing men of their error that all your exertions will be directed: to the changing into converts the opponents you have to deal with. Full of this conception You will keep labouring and labouring till you are tired: while you are labouring, the adversary is laughing at you in his sleeve.

Another bad consequence. So much for the /your/ adversary - the corruptionist. Now for the bystander, before whom in the character of members of the Public Opinion Tribunal ? Seeing that even in your opinion, all its hostility notwithstanding, the fault if any is in the understanding of your adversary not in his will in the intellectual part of your adversarys frame not in the moral, they in their impartial situation can not think less favorably of him than in you /do/ in your hostilely partial situation: along with you, in their expectation of his [...?] they will keep looking for the time when by /in consequence of/ the rectification of his judgment, his conduct will be rectified, which time the cause of the wrong not being in that place will never come. All this while Had the real seat of the wrong been known to them they might have acted accordingly. Seeing the adversary in his true colours, they might have joined with you in acting upon him in the only quarter in which from this time to doomsday /to the end of time/ he can be acted upon with effect: they would /might/ have acted on his fears.

? See further on Ch ?.

[xxxvi. 140]

1822 July 13

Constitut. Code Rationale

Supreme Operative

I. Monarch

[...?] and Charity a resource of hypocritical corruptionists.

Whatsoever talent and whatsoever industry there is in that situation being employed in keeping the sinister covered by a veil as impenetrable as possible no wonder if it should escape from the observation of most eyes if on many an occasion it should succeed in hiding itself from most eyes

Behold now an example of the mischief to the people from the imputing to error the result of sinister interest. True cause of the excess in Military Establishments, Kings sinister interest; erroneously supposed cause, erroneous supposition of the necessariness of the actual magnitude to the purpose of defence against foreign aggression.

In the several civilized communities the Rulers why at so much /such vast/ expence to subjects and thence to themselves do they persevere in straining till they /the cords of it/ are ready to burst their military force? their military force in both elements. When in this way they have done each of them his utmost, there will they be all of them with their respective masses of force bearing one to another a certain proportion: keeping thus the same proportion they might divide each of them his force by the same divisor, say two, say ten say a hundred, and the quotients being in the same proportion, the security would on the part of each of them be the same. Some number of years ago, did this idea occurr to me - I know not how many except that it must have been before my eyes had applied themselves with any closeness to the constitutional compartment /part/ of the field of law: my good fortune I know not exactly in what way, saved me from the disappointment and loss of time which a proposition of so Utopian a cast would have had for its fruit. Yes: were it merely as instruments of for the defence of the community and the territory against foreign aggression that an army is kept up: but besides that it is kept up for the defence of the country against its inhabitants: for the defence of the Monarch his instruments and his favorites and his dependents against resistance to legalized depredation, oppression and vengeance: it is kept up as a toy for the Great Baby to play with: it is kept up by each as an instrument for the gratification of vanity vying with the vanity of every other: and how ill any of these purposes would be served by retrenchment is sufficiently obvious.

[xxxvi. 141]

1822 July 13.

Constitut. Code Rationale

Supreme Operative

I. Monarch

While the sinister interest continues on its present footing to propose any propose any

thing that would be beneficial to the community upon a sufficiently extensive scale to

be worth thinking of is not simply useless it is positively pernicious. It operates as

/it is/ a certificate that on the part of those on whom acceptance depends, a

disposition to act in conformity to the universal interest has place: a certificate

which neither is nor by possibility can be true. /The persons to whom it is/ Addressed

as it is to /are/ those on whose exertions lies /depends/ the only state of things in

which any thing good that depends on government can ever be carried /brought/ into

effect. In this same certificate therefore is contained the implied assurance that such

exertions are not needed Of the existence this persuasion on the part of the projector a

proof is thus given much more conclusive and impressive than could be given by any

positive and direct assurance expressed in words: in this case sincerity /the existence

of the persuasion/ is indubitable: for it is upon the ground of it that the man himself

has acted, staking upon it those exertions of his the fruit /product/ of which is

visible.

In England This hopelessness of every thing good has never been a secret to the Whigs.

Accordingly shew them any thing good, their answer /advice/ is of course - Under the

present Administration your plan is hopeless: it is a good one, and by them no good

proposal will ever be adopted. By us all good proposals will be adopted: if you wish any

thing good to be done, look to us for the doing of it. What is true is that there is not

any ground for hope from their antagonists: what is not true is - there is ground of

hope from themselves. In them there would no more be either power or will to do good,

than in their more /fortunate and/ prosperous and fortunate adversaries.