★ Find a new page on our Untranscribed Manuscripts list.
Auto loaded |
No edit summary |
||
| Line 3: | Line 3: | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
1823. May 26<lb/><head>Constitut. Code</head><note>III. Rationale</note><p>Ch. Legislative<lb/>§. Functions. Omnicompetence</p><p>1.<lb/>Legislature — why<lb/>omnicompetent?</p><p>Answer. Reasons.</p><p>1. Unlimited the evil<lb/>producible by restrictive<lb/>arrangement.</p><p>2. Good none: the evil<lb/>combated by the Restrictive<lb/>arrangement — viz. power in<lb/>hands not dislocable<lb/>by people not having<lb/>place in <hi rend="underline">this</hi> Constitution.</p><p>2.<lb/>3. Contradicted by restriction<lb/>is the greatest happiness<lb/>principle. Precluded<lb/>are succeeding<lb/>Legislatures from establishing<lb/>this on that arrangement<lb/>in their judgment<lb/>contributory to greatest<lb/>happiness, because<lb/>uncomformable to preceding<lb/>ones.</p><p>3.<lb/>4. Untenable is the<lb/>assumption that in<lb/>succeeding, appropriate<lb/>aptitude in any shape,<lb/>is less than in preceding<lb/>authorities.</p><p>4.<lb/>I. Moral aptitude: postponed:<lb/>here, more intelligible<lb/>after intellectual.</p><p>5.<lb/>II Intellectual aptitude.<lb/>Absurd the supposition,<lb/>that, either in the same<lb/>or different individuals,<lb/>appropriate <hi rend="underline">knowledge</hi><lb/>is less at a later than<lb/>an earlier period.</p><p>6.<lb/>or d<hi rend="superscript">o</hi>. judgment: of judgment,<lb/>sole sure foundation,<lb/>knowledge, the more<lb/>the foundation,<lb/>the d<hi rend="superscript">o</hi>. the superstructure,<lb/>if well grounded</p><pb/>Ch. Legislative<lb/>§. Functions. Omnicompetence<p>7.<lb/>As to every other branch<lb/>of art and science,<lb/>recognized is the benefit<lb/>produced by, and proportionable<lb/>to, experience.</p><p>If Government be an<lb/>exception, on the assertor<lb/>it lies to prove it.</p><p>8.<lb/>Individual and his knowledge<lb/><hi rend="underline">given</hi>, probability<lb/>of right <hi rend="underline">judgment</hi>, will<lb/>be as intensity and<lb/>duration of attention.<lb/>Never can the author of<lb/>the restrictive have<lb/>bestowed on any one<lb/>arrangement inhibited<lb/>by it as would in<lb/>course be bestowed on<lb/>it, but for the restriction.<lb/>Time bestowed on the<lb/>entire restriction, say<lb/>twenty days: by it, are<lb/>inhibited arrangements in<lb/>indefinite number, of<lb/>which no one perhaps<lb/>would have been<lb/>determined upon in less<lb/>than that same time.<lb/>Thus the more, gives<lb/>way to the less, fully<lb/>considered opinion.</p><p>9.<lb/>Confused, incorrect and<lb/><sic>incompleat</sic> has, in<lb/>every instance, been the<lb/>survey by which the<lb/>restriction has been dictated.</p><p>10.Now as to moral aptitude<lb/>most plausible an objection<lb/>on this ground. On the<lb/>supposition of universal<lb/>deficiency, as to this is<lb/>their Constitution grounded<lb/>against this to provide, is<lb/>the object of the restriction.</p><pb/>Ch. Legislative<lb/>§. Functions. Omnicompetence<p>11.<lb/>Answer. Against this<lb/>deficiency to provide, is<lb/>the object of endeavour here<lb/>throughout. Main means<lb/>employed — keeping <sic>fixt</sic><lb/>as universally & constantly<lb/>as possible, the attention<lb/>of the people on the<lb/>conduct of their agents,<lb/>with power to dislocate<lb/>them.</p>Nothing does the restrictive<lb/>system contribute<lb/>to this object: no additional<lb/>means. | |||
1823. May 26
Constitut. CodeIII. Rationale
Ch. Legislative
§. Functions. Omnicompetence
1.
Legislature — why
omnicompetent?
Answer. Reasons.
1. Unlimited the evil
producible by restrictive
arrangement.
2. Good none: the evil
combated by the Restrictive
arrangement — viz. power in
hands not dislocable
by people not having
place in this Constitution.
2.
3. Contradicted by restriction
is the greatest happiness
principle. Precluded
are succeeding
Legislatures from establishing
this on that arrangement
in their judgment
contributory to greatest
happiness, because
uncomformable to preceding
ones.
3.
4. Untenable is the
assumption that in
succeeding, appropriate
aptitude in any shape,
is less than in preceding
authorities.
4.
I. Moral aptitude: postponed:
here, more intelligible
after intellectual.
5.
II Intellectual aptitude.
Absurd the supposition,
that, either in the same
or different individuals,
appropriate knowledge
is less at a later than
an earlier period.
6.
or do. judgment: of judgment,
sole sure foundation,
knowledge, the more
the foundation,
the do. the superstructure,
if well grounded
---page break---
Ch. Legislative
§. Functions. Omnicompetence
7.
As to every other branch
of art and science,
recognized is the benefit
produced by, and proportionable
to, experience.
If Government be an
exception, on the assertor
it lies to prove it.
8.
Individual and his knowledge
given, probability
of right judgment, will
be as intensity and
duration of attention.
Never can the author of
the restrictive have
bestowed on any one
arrangement inhibited
by it as would in
course be bestowed on
it, but for the restriction.
Time bestowed on the
entire restriction, say
twenty days: by it, are
inhibited arrangements in
indefinite number, of
which no one perhaps
would have been
determined upon in less
than that same time.
Thus the more, gives
way to the less, fully
considered opinion.
9.
Confused, incorrect and
incompleat has, in
every instance, been the
survey by which the
restriction has been dictated.
10.Now as to moral aptitude
most plausible an objection
on this ground. On the
supposition of universal
deficiency, as to this is
their Constitution grounded
against this to provide, is
the object of the restriction.
---page break---
Ch. Legislative
§. Functions. Omnicompetence
11.
Answer. Against this
deficiency to provide, is
the object of endeavour here
throughout. Main means
employed — keeping fixt
as universally & constantly
as possible, the attention
of the people on the
conduct of their agents,
with power to dislocate
them.
Nothing does the restrictive
system contribute
to this object: no additional
means.
|
Identifier: | JB/038/195/001"JB/" can not be assigned to a declared number type with value 38. |
|||
|---|---|---|---|
|
1823-05-26 |
1-18 |
||
|
038 |
constitutional code |
||
|
195 |
constitut. code |
||
|
001 |
ch. legislative / functions - omnicompetence |
||
|
marginal summary sheet |
1 |
||
|
recto |
|||
|
john flowerdew colls |
j whatman 1821 |
||
|
john flowerdew colls |
|||
|
1821 |
|||
|
11832 |
|||
