★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
When an Act of Parliament is to be drawn, the first case
of the Penner is to look out for a Preamble: and though
the Provisions speak their own design in never so plain
terms, yet without something beginning with a "Whereas
it is plain, the composition would be imperfect: [for it is
absolutely necessary that where the Legislature continues
an Act, they should declare they thought it beneficial, least
it should be supposed they meant to have it understood it should be otherwise as
their reason motive for so doing that it was useless or pernicious.]
The next is, to heap together as many words [ Terms for the as a Gradus
ad Parnassum same idea were there such a thing for the English —
Language would furnish] and to force those Terms into out of these Terms to form
as many propositions accumulation has
no other Limits as can be devised brought together so as not to be
absolutely foreign to the subject, nor too apparently contradictory
to one another. each other
The next case is, to make the turn of the Phrase in every instance,
as remote from that which are accustomed to as possible;
and if the poverty of the language or infilicity of
his imagination should in any case unhappily drive force into
him his hand <add>to takeup</add> to such an one as can be apprehended without effort
---page break---
he omits not by the .... interposition of such an epithet
as "commonly called" or "known ordinarily" or the like, to
let it be perceived, that it is his intention to depart not from choice that he from
the dignity of being unintelligible.
entail upon ourselves Under the necessary burthen of encreasing Laws, we suffer
a stile of composition to be in use remain perpetuated, by which out of pure
wantonness without the least Utility, at the expence often
as much of precision as of conciseness, that burthen is —
twice or three times doubled, to the great discomfiture of
plain sense and reason, to the attracting of contempt of
ridicule on what ought to be the subject of veneration reverence,
and to the signal frustration of those purposes for which
Laws are made.
If it be absolutely necessary that Legislation should have
a Stile [and language peculiar to itself] of its own, let it be a stile which
without macking their understanding shall may command
their reverence.
There is nothing in this so difficult.
COMPOSIT. Stat. Singly - as a discourse - General Idea [BR| | ]
---page break---
A number of Schemesmodes of expression consecrated to a certain
degree by the stamp of antiquity or of religion, offer
themselves in sufficient plenty for every occasion.
in which neither is dignity purchased at the expense of intelligible , nor simplicity at that of precision.
Many phrases remote from vulgar use tho' not above vulgar
distinguished apprehension rather by the turn of the expression, than by
by the words of which it consists is composed.
The result of this is that the Legislative language ought
to be either that in the most common familiar use or distinguish'd
from it if in any thing rather by the disposition of the —
words, than by the words themselves: or if by the words
by such as are elivated above familiar use, but not —
above ordinary apprehension.
Perspicuity tho' not percieved is percievable at once: the good existence of utility —
effects of a Precision are hardly percieved by the direct survey
of the sentince phraseology in question, but by the consideration of
all others that one can concieve substituted in it's room.
because as it is nothing more than an Aptitude to be readily understood If a man upon being asked whether he understands a thing, answers immediately in the affirmative, he thereby acknowledges it to be perspicuous.but this.
Perspecuity in of words, is in the inverse ratio of the efforts necessary to apprehend their meaning.
Accordingly this is a merit which can scarce be recognized by
any but connoisseurs; by the practised that is by those who have a great number
of such alternatives with their respective consequence to at once present in their memory; at once [& of the
consequences of those alternatives apparent to their understanding.]
---page break---
Thus unhappily it falls out, that the greatest merits which a —
composition of this kind can have, are those which make the
least éclat: have the least reward A Stile which shall unite them can have [has] but
few Judges, and of those few the greater part prejudiced by long habit
in it's disfavour, without entring into the causes of their attachment
is a question that a man never thinks to ask himself, unless it is put to him The less are a man's efforts to understand, the less he thinks about — them: now it is these efforts that are the measure of this quality, for Perspicuity is the invirsa — ratio of their magnitude
vitiated
The multitude are more taken with the merit of the numbers, than
with either of the other two, looking for something extraordinary
in the expression; and thinking slightly of it if it be anything
which they can suppose they might themselves have thought of, they will
be disappointed if they miss of that kind long winded & of rumbling harmony
in use, [which has given a sort of terrible satisfaction to their ears]
in from which their ears have been accustomed to seek a sort of gloomy tremendous
horrible satisfaction, [The Idea of the Legislative power of this —
...... voice, are in a manner amalgamated in their minds.]
Essential x Ornamental
The first point to be considered is perspicuity the next Brevity:
the last Harmony, Dignity will result without as of course research from Brevity
invested with the form of Imparation.
Perspicuity may be concieved as depending upon two circumstances
(tho' it is not easy to draw the line between them) upon
the choice of words, & upon their arrangement, I say it is not easy
for a different arrangement where the instruction of the
is varied, (& there is little variety of arrangement without it) requires
a different choice of words.
|
Identifier: | JB/070/064/001 "JB/" can not be assigned to a declared number type with value 70.
|
|||
|---|---|---|---|
|
070 |
of laws in general |
||
|
064 |
composit. stat. singly - as a discourse - general idea |
||
|
001 |
|||
|
copy/fair copy sheet |
1 |
||
|
recto |
a1 |
||
|
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
|||
|
23179 |
|||