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<p><head>Alen</head></p> | |||
'' | <p>– So concise as<lb/> | ||
not to be unsusceptible<lb/> | |||
of promulgation</p> | |||
<p>The mechanism<lb/> | |||
of legislation</p> | |||
<p>I have procured<lb/> | |||
and am in the<lb/> | |||
habit of (consulting)<lb/> | |||
turning over most<lb/> | |||
of the <add>systems of law</add> codes of<lb/> | |||
account – and in<lb/> | |||
Europe: (are familiar<lb/> | |||
to me the<lb/> | |||
French, Austrian &c<lb/> | |||
& Gentoo</p> | |||
<p>The Gentoo code<lb/> | |||
is so explicit &<lb/> | |||
so neatly drawn<lb/> | |||
that I could presently<lb/> | |||
by way<lb/> | |||
of <unclear>probational</unclear> specimen reduce<lb/> | |||
it to my own<lb/> | |||
method, preserve<lb/> | |||
its excellences & point<lb/> | |||
out its defects.</p> | |||
<p>I have begun<lb/> | |||
with breaking up <add>laying down</add><lb/> | |||
the <del>great</del> broad<lb/> | |||
<add>outlines</add> high roads of legislature<lb/> | |||
– the narrow <add><gap/><lb/> | |||
<gap/></add> paths will be<lb/> | |||
dispatched with<lb/> | |||
care.</p> | |||
<pb/> | |||
<p>– <foreign>marchant</foreign> with<lb/> | |||
the <add>intemperate</add> fire and indiscretion<lb/> | |||
of youth<lb/> | |||
on invidious ground</p> | |||
<p>prosperity &c of the<lb/> | |||
Company, to which<lb/> | |||
I hope I may be<lb/> | |||
permitted to add<lb/> | |||
the happiness of<lb/> | |||
the people under<lb/> | |||
their dominion.</p> | |||
<p>Desiderat.<lb/> | |||
To unravel the<lb/> | |||
perplexities, the<lb/> | |||
<gap/> of<lb/> | |||
jurisdiction, &<lb/> | |||
obviate the <gap/><lb/> | |||
which thence<lb/> | |||
results on the part<lb/> | |||
of the principal<lb/> | |||
law to be <unclear>conferred</unclear></p> | |||
<p>Duo consideranda<lb/> | |||
1. Whether there<lb/> | |||
is need of such a<lb/> | |||
work? 2. whether<lb/> | |||
I am a proper<lb/> | |||
person to execute<lb/> | |||
it.</p> | |||
<p>If nothing done<lb/> | |||
are but where<lb/> | |||
they were – by<lb/> | |||
such powers no<lb/> | |||
mischief can be<lb/> | |||
done.</p> | |||
<pb/> | |||
<p>Running title<lb/> | |||
Proposal for an<lb/> | |||
E. Indian Code.</p> | |||
<p>Apology for regularity<lb/> | |||
of <unclear>primary</unclear><lb/> | |||
contents &c<lb/> | |||
designed to save<lb/> | |||
the readers time<lb/> | |||
& facilitate inspection</p> | |||
<p>Not being on a<lb/> | |||
footing of any intimacy<lb/> | |||
with any<lb/> | |||
person who has<lb/> | |||
the honour of<lb/> | |||
being upon a<lb/> | |||
like footing with<lb/> | |||
your L<hi rend="superscript">dship</hi> I <unclear>proposed</unclear><lb/> | |||
&c</p> | |||
<p>Not <add><hi rend="underline">really</hi></add> easy to<lb/> | |||
make proper laws<lb/> | |||
on the spot even<lb/> | |||
from documents:<lb/> | |||
& if it were, not<lb/> | |||
easy to <hi rend="underline">satisfy</hi><lb/> | |||
people of its being<lb/> | |||
easy.</p> | |||
<p>But all the<lb/> | |||
marginal contents<lb/> | |||
together <del>in front</del><lb/> | |||
at the beginning</p> | |||
<pb/> | |||
<p>Members of Council<lb/> | |||
to Sign their names<lb/> | |||
to each article with<lb/> | |||
<del><gap/></del> the initials<lb/> | |||
of their name<lb/> | |||
and <add>as</add> approved, <add>or</add> disapproved<lb/> | |||
or "dubious".<lb/> | |||
(Quere whether<lb/> | |||
dubious to<lb/> | |||
be admitted). If<lb/> | |||
disapproved, to give<lb/> | |||
reasons. If a majority<lb/> | |||
disapproves<lb/> | |||
J.B. will propose<lb/> | |||
an article in concurrence<lb/> | |||
with it<lb/> | |||
of the jubilance and<lb/> | |||
with their approbation.</p> | |||
<p>not <gap/><lb/> | |||
let your L<hi rend="superscript">d</hi> know<lb/> | |||
That there is a<lb/> | |||
man who <del>has</del> <add>with<lb/> | |||
whatever degree of success and</add> made legislation<lb/> | |||
his study not<lb/> | |||
by bits & <unclear>scraps</unclear><lb/> | |||
per re nata but<lb/> | |||
and <add>regularly</add> upon a large<lb/> | |||
scale</p> | |||
<p>One book a better<lb/> | |||
proof than can be<lb/> | |||
given by conversation<lb/> | |||
or character<lb/> | |||
of a man's being<lb/> | |||
fit to write another.</p> | |||
<pb/> | |||
<p>J.<lb/> | |||
Looking upon <del>a</del> men<lb/> | |||
whose merit has made<lb/> | |||
eminent as <del>a good</del> <add>the best</add><lb/> | |||
jusges of <del><gap/></del> <add>pretension</add> in<lb/> | |||
<del>other men</del> <add>the same line</add> I have<lb/> | |||
taken the liberty<lb/> | |||
of enclosing to you<lb/> | |||
(a copy of it & recommending<lb/> | |||
it to your<lb/> | |||
notice) the only copy<lb/> | |||
which has been taken<lb/> | |||
of it. If <gap/><lb/> | |||
the great <gap/> of</p> | |||
<p>Two points. 1. to<lb/> | |||
give order and <unclear>impression</unclear><lb/> | |||
to the ideas<lb/> | |||
of others in matter<lb/> | |||
of law. This I can<lb/> | |||
put in a claim to<lb/> | |||
effect myself equal<lb/> | |||
preference<lb/> | |||
to with some confidence:<lb/> | |||
and for a<lb/> | |||
proof beg leave<lb/> | |||
to refer to the <del><gap/></del><lb/> | |||
16, 17, 19 & 20 chapters<lb/> | |||
the objection<lb/> | |||
of inexperience would<lb/> | |||
have no force.<lb/> | |||
This but a Subordinate provision.</p> | |||
<p>The other the Superior<lb/> | |||
which concerns<lb/> | |||
the Substance.<lb/> | |||
Here too inexperience<lb/> | |||
no objection<lb/> | |||
as to the inventive<lb/> | |||
part. It applies<lb/> | |||
only to the judging<lb/> | |||
of practicability <del><gap/></del><lb/> | |||
& here the authorities<lb/> | |||
in esse will serve<lb/> | |||
for ballast.</p> | |||
<pb/> | |||
<p>This work began<lb/> | |||
with very different<lb/> | |||
views – those views<lb/> | |||
picked up accidentally<lb/> | |||
<del><gap/></del> at the<lb/> | |||
conclusion.</p> | |||
<p>The demand <add>necessity</add> for<lb/> | |||
such an appointment<lb/> | |||
presumed<lb/> | |||
not argued – the<lb/> | |||
evidence being<lb/> | |||
<hi rend="underline"><foreign><gap/> <gap/></foreign></hi></p> | |||
<p>The specimen<lb/> | |||
may be something<lb/> | |||
which shall appear<lb/> | |||
to come nearer<lb/> | |||
<unclear>home</unclear> to practise.</p> | |||
<p>Experience & reputation<lb/> | |||
wanting.<lb/> | |||
Practise will give<lb/> | |||
the <gap/>: 4<hi rend="superscript">th</hi> L<hi rend="superscript">trs</hi><lb/> | |||
countenance the<lb/> | |||
latter</p> | |||
<p>A certain portion<lb/> | |||
<add>is <unclear>annexed</unclear></add> would go with<lb/> | |||
the appointment:<lb/> | |||
the only business<lb/> | |||
would be (to support)<lb/> | |||
not to sink<lb/> | |||
under it.</p> | |||
<p>To a soldier, <add>candidate for</add> what<lb/> | |||
<add>military command</add> service <del><gap/></del> have<lb/> | |||
you seen? – what<lb/> | |||
battles have you<lb/> | |||
fought? to a Candidate<lb/> | |||
for legislature<lb/> | |||
what books on the<lb/> | |||
subject have you<lb/> | |||
written?</p> | |||
<pb/> | |||
<p>Gentoo Code preferred<lb/> | |||
for a <gap/><lb/> | |||
1. because referable to the design<lb/> | |||
2. because short<lb/> | |||
3. because it purports to be compleat<lb/> | |||
4. By this means the <del>make</del> <gap/><lb/> | |||
with such comments<lb/> | |||
on it as are recognized<lb/> | |||
in Hindistan<lb/> | |||
might be<lb/> | |||
reduced to the same<lb/> | |||
plan<lb/> | |||
5. Comparisons<lb/> | |||
might be made<lb/> | |||
with the English<lb/> | |||
Law by the <hi rend="underline"><foreign><gap/></foreign></hi></p> | |||
<p>This proposal<lb/> | |||
not superseded<lb/> | |||
by any plans<lb/> | |||
of <unclear>temporary</unclear> arrangement<lb/> | |||
that<lb/> | |||
may have been<lb/> | |||
formed: since<lb/> | |||
it would not be<lb/> | |||
compleated but<lb/> | |||
in a course of<lb/> | |||
years.</p> | |||
<p>I need not spend much<lb/> | |||
time in <del>observing</del><lb/> | |||
holding up to view<lb/> | |||
the lustre which <add>such</add> it<lb/> | |||
<add>to measure if successful</add> would reflect upon<lb/> | |||
your Lp's administration<lb/> | |||
&c.</p> | |||
<pb/> | |||
<p>My enemies if I<lb/> | |||
were of consequence<lb/> | |||
enough to have any<lb/> | |||
could not be better<lb/> | |||
persuaded than I<lb/> | |||
am myself that<lb/> | |||
<del>I have neither vain<lb/> | |||
<gap/></del><lb/> | |||
I am altogether destitute<lb/> | |||
of all those<lb/> | |||
qualities which &c<lb/> | |||
that I have neither<lb/> | |||
<del>the</del> <unclear>quickness</unclear> (of<lb/> | |||
apprehension) fluency<lb/> | |||
of uttering)<lb/> | |||
<gap/> (of delivery)<lb/> | |||
nor (audibility<lb/> | |||
of) voice</p> | |||
<p>I send this book<lb/> | |||
as a means of inducing<lb/> | |||
your L<hi rend="superscript">d</hi><lb/> | |||
to think that there<lb/> | |||
is a chance of<lb/> | |||
my being able to<lb/> | |||
wish another to<lb/> | |||
execute a work<lb/> | |||
of the same kind</p> | |||
<p>Has your L. ever<lb/> | |||
thought of such a<lb/> | |||
place for any person;<lb/> | |||
or would the<lb/> | |||
offer of a <del>proper</del><lb/> | |||
person who should<lb/> | |||
appear proper make<lb/> | |||
you think well of<lb/> | |||
the establishment of<lb/> | |||
such a place?</p> | |||
<pb/> | |||
<p>Objection 1<lb/> | |||
with answers</p> | |||
<p>1. Inexperience –<lb/> | |||
Answer Studies<lb/> | |||
particular that<lb/> | |||
may.</p> | |||
<p>2. High trust.<lb/> | |||
Answ. No coercive<lb/> | |||
power</p> | |||
<p>3. Poverty – Answ.<lb/> | |||
Wealth dispersed</p> | |||
<p>4. Want of Eloquence<lb/> | |||
rhetorical talents<lb/> | |||
Answ. The business<lb/> | |||
to be done by writing</p> | |||
<pb/> | |||
<p>Counter Advantage<lb/> | |||
arguments pro<lb/> | |||
1. Impartiality<lb/> | |||
2. Unobnoxiousness</p> | |||
<p>If it were requisite <del>that</del><lb/> | |||
no talents of insinuation<lb/> | |||
necessary – no<lb/> | |||
<add>splendor of</add> personal appearance.<lb/> | |||
No arts of address,<lb/> | |||
no dignity of deportment,<lb/> | |||
or elegance<lb/> | |||
of address<lb/> | |||
but they are not</p> | |||
<p>If (as yet) I have<lb/> | |||
taken <hi rend="underline">no degrees</hi> in<lb/> | |||
legislation (as in arts).<lb/> | |||
I have not directed<lb/> | |||
myself with the less<lb/> | |||
assiduity to the study<lb/> | |||
of that science</p> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
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
Identifier: | JB/169/121/002"JB/" can not be assigned to a declared number type with value 169. |
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169 |
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121 |
alen |
||
002 |
proposal for an east indian code |
||
rudiments sheet (brouillon) |
2 |
||
recto |
|||
jeremy bentham |
[[watermarks::s. lay [britannia with shield motif]]] |
||
alexander mavrokordatos |
|||
56941 |
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