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Alen
– So concise as
not to be unsusceptible
of promulgation
The mechanism
of legislation
I have procured
and am in the
habit of (consulting)
turning over most
of the systems of law codes of
account – and in
Europe: (are familiar
to me the
French, Austrian &c
& Gentoo
The Gentoo code
is so explicit &
so neatly drawn
that I could presently
by way
of probational specimen reduce
it to my own
method, preserve
its excellences & point
out its defects.
I have begun
with breaking up laying down
the great broad
outlines high roads of legislature
– the narrow
paths will be
dispatched with
care.
---page break---
– marchant with
the intemperate fire and indiscretion
of youth
on invidious ground
prosperity &c of the
Company, to which
I hope I may be
permitted to add
the happiness of
the people under
their dominion.
Desiderat.
To unravel the
perplexities, the
of
jurisdiction, &
obviate the
which thence
results on the part
of the principal
law to be conferred
Duo consideranda
1. Whether there
is need of such a
work? 2. whether
I am a proper
person to execute
it.
If nothing done
are but where
they were – by
such powers no
mischief can be
done.
---page break---
Running title
Proposal for an
E. Indian Code.
Apology for regularity
of primary
contents &c
designed to save
the readers time
& facilitate inspection
Not being on a
footing of any intimacy
with any
person who has
the honour of
being upon a
like footing with
your Ldship I proposed
&c
Not really easy to
make proper laws
on the spot even
from documents:
& if it were, not
easy to satisfy
people of its being
easy.
But all the
marginal contents
together in front
at the beginning
---page break---
Members of Council
to Sign their names
to each article with
the initials
of their name
and as approved, or disapproved
or "dubious".
(Quere whether
dubious to
be admitted). If
disapproved, to give
reasons. If a majority
disapproves
J.B. will propose
an article in concurrence
with it
of the jubilance and
with their approbation.
not
let your Ld know
That there is a
man who has with
whatever degree of success and made legislation
his study not
by bits & scraps
per re nata but
and regularly upon a large
scale
One book a better
proof than can be
given by conversation
or character
of a man's being
fit to write another.
---page break---
J.
Looking upon a men
whose merit has made
eminent as a good the best
jusges of pretension in
other men the same line I have
taken the liberty
of enclosing to you
(a copy of it & recommending
it to your
notice) the only copy
which has been taken
of it. If
the great of
Two points. 1. to
give order and impression
to the ideas
of others in matter
of law. This I can
put in a claim to
effect myself equal
preference
to with some confidence:
and for a
proof beg leave
to refer to the
16, 17, 19 & 20 chapters
the objection
of inexperience would
have no force.
This but a Subordinate provision.
The other the Superior
which concerns
the Substance.
Here too inexperience
no objection
as to the inventive
part. It applies
only to the judging
of practicability
& here the authorities
in esse will serve
for ballast.
---page break---
This work began
with very different
views – those views
picked up accidentally
at the
conclusion.
The demand necessity for
such an appointment
presumed
not argued – the
evidence being
The specimen
may be something
which shall appear
to come nearer
home to practise.
Experience & reputation
wanting.
Practise will give
the : 4th Ltrs
countenance the
latter
A certain portion
is annexed would go with
the appointment:
the only business
would be (to support)
not to sink
under it.
To a soldier, candidate for what
military command service have
you seen? – what
battles have you
fought? to a Candidate
for legislature
what books on the
subject have you
written?
---page break---
Gentoo Code preferred
for a
1. because referable to the design
2. because short
3. because it purports to be compleat
4. By this means the make
with such comments
on it as are recognized
in Hindistan
might be
reduced to the same
plan
5. Comparisons
might be made
with the English
Law by the
This proposal
not superseded
by any plans
of temporary arrangement
that
may have been
formed: since
it would not be
compleated but
in a course of
years.
I need not spend much
time in observing
holding up to view
the lustre which such it
to measure if successful would reflect upon
your Lp's administration
&c.
---page break---
My enemies if I
were of consequence
enough to have any
could not be better
persuaded than I
am myself that
I have neither vain
I am altogether destitute
of all those
qualities which &c
that I have neither
the quickness (of
apprehension) fluency
of uttering)
(of delivery)
nor (audibility
of) voice
I send this book
as a means of inducing
your Ld
to think that there
is a chance of
my being able to
wish another to
execute a work
of the same kind
Has your L. ever
thought of such a
place for any person;
or would the
offer of a proper
person who should
appear proper make
you think well of
the establishment of
such a place?
---page break---
Objection 1
with answers
1. Inexperience –
Answer Studies
particular that
may.
2. High trust.
Answ. No coercive
power
3. Poverty – Answ.
Wealth dispersed
4. Want of Eloquence
rhetorical talents
Answ. The business
to be done by writing
---page break---
Counter Advantage
arguments pro
1. Impartiality
2. Unobnoxiousness
If it were requisite that
no talents of insinuation
necessary – no
splendor of personal appearance.
No arts of address,
no dignity of deportment,
or elegance
of address
but they are not
If (as yet) I have
taken no degrees in
legislation (as in arts).
I have not directed
myself with the less
assiduity to the study
of that science
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alen |
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proposal for an east indian code |
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rudiments sheet (brouillon) |
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jeremy bentham |
[[watermarks::s. lay [britannia with shield motif]]] |
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alexander mavrokordatos |
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56941 |
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