Front Page Titles (by Subject) Section 5.: The greatest happiness of the greatest number requires, that for the function exercised by the drawing of the original draught of such a code, the competitors he as many as, without reward at the public expense, can be obtained: and so, for t - The Works of Jeremy Bentham, vol. 4
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Section 5.: The greatest happiness of the greatest number requires, that for the function exercised by the drawing of the original draught of such a code, the competitors he as many as, without reward at the public expense, can be obtained: and so, for t - Jeremy Bentham, The Works of Jeremy Bentham, vol. 4 
The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 4.
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The greatest happiness of the greatest number requires, that for the function exercised by the drawing of the original draught of such a code, the competitors he as many as, without reward at the public expense, can be obtained: and so, for that of proposing alterations in such draught as shall have been adopted. Plan for obtaining competitors.
The contents of the preceding sections have for their subject the characteristic nature and plan of the here proposed work.
The contents of this and the succeeding sections have for their subject the choice of hands for the execution of it.
On this occasion, never be it out of mind, that the work in question is—not a body of law in its ultimate state—in that state in which it receives the sanction of the sovereign power:—it is nothing more than the original draught, drawn up in the view of its receiving that sanction as above: of its receiving it indeed—but eventually only: and not till after it has undergone all such alterations as, by any of the several persons among whom respectively the sovereign power in matters of legislation is shared, shall have been proposed,—and, by those whose concurrence is necessary to the application of that sanction, adopted: in a word, by the several authorities in that behalf constituted.
Yes; if, while, from any one or more individuals, an original draught, or any number of such original draughts, were admitted to the exercise of this function, all other persons were excluded from it, or even all persons other than those among whom the power of sanctionment, as above, is shared; Yes: in such a state of things,—were it the state of things here proposed,—true it is, that by the admission given to some, coupled with the exclusion put upon others, not only would a power be created, but the very power which, in consideration of its unnecessary and mischievous magnitude, it is the object of the very arrangement here proposed, to exclude.
On this part of the subject, six principal positions have been the result of the inquiry: in the table of contents they may have been seen at length. They are here recalled to view in brief, each of them in company with a correspondently brief intimation of the principal considerations or reasons by which it was suggested. The first of them, with a development of its reasons, constitutes the matter of the present section: the rest will, in the like manner, occupy the five next succeeding ones.
I. Admission universal.—Competitors, for the function exercised by the furnishing of the original draught, as numerous as possible.
Reasons.—1. Chance, for the greatest possible degree of aptitude on the part of the work, a maximum: to sinister interest, and other causes of inaptitude, on the part of those on whom the quality of the work in its ultimate state depends, the strongest bridle applied that the nature of their situation admits of.
2. School for legislative and other functionaries, thus instituted.
II. Remuneration at an additional public expense, none.—Reason 1. Avoidance of inaptitude, on the part of the work, through patronage and favouritism: also, through precipitation according to one mode of payment; through delay, according to another: delay, ending perhaps in final non-performance.
III. Hands, not more than one.—Reason 1. Avoidance of inaptitude in the work, by reason of moral inaptitude in the workman, through want of responsibility for bad workmanship, and want of encouragement for good. 2. Avoidance of inconsistency: of want of unity of design, and symmetry of execution, as between part and part.
IV. Hands, not only single, but known to be so.—Reason. Else the responsibility and the encouragement deficient.
V. Not only the hand single, and known to be so, but whose it is, known.—Reason. Else the responsibility and the encouragement still deficient.
VI. The hand of a foreigner, not only admissible but preferable.—Reason. Exemption from local sinister interests and prejudices: deficiency in local knowledge being easily amendable by native hands, in the course of the progress of the work, through the constituted authorities.
Note, that in a representative government, the hands ordinarily employed in the providing of the original draught are those of a legislation committee. With the exception of the second point, namely, the gratuitousness of the service, the desirable results, referred to by the above reasons, are, in this case, all of them, either foregone or lessened. Gratuitous in this case the service naturally and commonly is in appearance unquestionably: but to the degree in which it may be otherwise in effect, no bounds can be assigned: in the nature of the case there are no others, than those which apply to the quantity of depredation and oppression, exercisible, in the community in question, by a government over which the people have no more than a nominal controul, compared with that exercisible where the people have a real and efficient controul: a few restraints on the liberty of the press and public discussion may suffice to establish the difference.
These are but faint anticipations. For placing in their full light all these several points, considerable development and explanation will be unavoidable.
1. As to the proposed universality. By it would be instituted a mode of codification, which, for distinction, might be styled the open mode.
The following slight sketch may serve to convey a general conception of it:—
In the name of the constituted authorities, or of the legislative body alone, let invitation be given to all persons without distinction, who, (with the exception of the members of the legislative body during the time of their serving in that capacity,) regarding themselves as competent, may feel inclined to transmit to the legislative body, each of them a general sketch or outline of the proposed original draught of a work of the sort in question: with a sample or samples, of the mode in which it is proposed to execute it, expressed in the words in which it is proposed to stand: to which samples may be added, general indications, on such occasions on which the nature of the case admits not of the taking any determination respecting the individual words.
2. Let intimation be at the same time given, that, in proportion to the aptitude of the work according to the estimate formed of it by public opinion, evidence will be regarded as having been given, of appropriate aptitude on the part of the workman, with relation to many of the most important public offices, to which pecuniary emolument stands already attached.
3. In such sketch, and sample or samples, should be comprehended as well the civil as the penal code: so intimate being the connexion between those two parts, that without a comprehensive and conjunct view of both, no clear, correct, complete, consistent, and well-ordered mode of execution, could be given to either.
4. In the samples and in the general sketch, it may perhaps be found necessary that the constitutional code be omitted: for, so universal and tenacious and craving is the appetite for power, that the idea of any considerable change in this part of the field of legislation affords little promise of being found endurable unless when imposed by force or intimidation.
5. In a representative democracy, there need be no difficulty. In the advertisement for this purpose, the legislative body, however, might probably, without objection, if it saw any use in so doing, lay down as a fundamental and indispensable principle, that, immediately or unimmediately, all functionaries shall be placed, and at short intervals displaceable, by the greatest number of the adult population, or of the male part of the adult population: or rather might give intimation, that for any departure from this principle, some special and convincing train of reasons would be expected to be assigned.
6. For the giving in of these samples, some determinate day, it should seem, would unavoidably be to be fixed. That day arrived, it will then be to be put to the vote which sample shall be preferred; or whether, for want of any satisfactory sample, the time shall be enlarged.
7. Suppose a sample pitched upon. A further day will then be to be assigned, on or before which, a proposed complete code in terminis, embracing these two branches, with such blanks only as the nature of the case necessitates, shall be given in.
8. Though, if samples more than one have been sent in, adoption, if given to any, must be given to some one of them—it is not necessary that any peremptory exclusion should be put upon such complete draughts as any other of the competitors may be disposed to present. This (it may be said) is the sample most approved of. But all other persons are still at liberty to propose, each of them, his draught. It will, on that occasion, then be for each of them to consider—whether a completed draught, in conformity to the pattern most approved of, will not afford him the most promising chance.
9. On this plan, the remuneration—remuneration suited as above to the nature of the case, and of the sort of service rendered—need not, and naturally would not, be confined to the competitor by whose samples, nor in conclusion to the competitor by whose completed draught, the largest share of approbation has been obtained.
10. By the preference thus given in the main to this or that sample, or to this or that draught, the legislative body would not be precluded from giving indication of this or that portion of this or that other draught, as being regarded fit to be employed in the draught most approved.
11. The invitation to send in original samples, and afterwards completed draughts, will, of course, be accompanied or followed by a correspondent invitation to send in observations on, and proposed amendments to, all samples and completed draughts, to which any such acceptance, total or partial, shall have been given as above.
12. Be the number of these patterns ever so considerable, the expense of printing and publishing should be defrayed by government. Were it not for this, the expense might be a bar to the work of the least affluent competitors: and thereby to those, in whom, as such, the habit of intellectual labour, and thence the promise of intellectual, and even of appropriate moral aptitude, is fairest.
13. The produce of the sale might either be applied in alleviation of the expense, or be given to the respective authors. The expense on this score neither promises nor threatens to be very considerable. Be it what it may, so long as, in the whole of the official establishment, so much as a single sinecure, or useless, or needless, or overpaid office is to be found, to this expense no objection can with any consistency be made.
If, in consequence of this plan, any addition were to be made to the number of salaried offices it found in existence, it would be that of a functionary, with some such title as that of Conservator of the laws. Upon the following ground, stands the demand for an office of this nature. Regular and symmetrical would naturally be—would necessarily be, if well executed—the structure of a code, having for its accompaniment a rationale as above. By subsequent additions and alterations—without a degree of skill and care too great to be constantly reckoned upon, on every occasion, and from all legislative hands promiscuously taken—the symmetry would be liable to be injured, and confusion introduced: to obviate this inconvenience, in so far as it can be obviated without prejudice to the uncontrouled exercise of the legislative power, would be the office of this functionary. Before the sanctionment of each law—or when the pressure of the time was regarded as not admitting of the delay, as soon afterwards as might be—to him it would belong to propose for the substance of the new law, a form adapted to the structure of the code. Thereupon, if the form so proposed were adopted by the legislature for the time being, so much the better: if not, it would remain as the subject-matter of a virtual and tacit appeal to succeeding legislatures.
14. Supposing the office here in question established, the author of the draught most approved of seems to be the person, to whom, if expected to be found willing to accept of it, the offer of it would naturally be made.
15. But the choice should be left unfettered. Be the literary composition ever so well penned, fitness for the office would not, on the part of the author, be a necessary consequence. Various are the points of appropriate aptitude, in which, relation had to the business of this office, he might still be deficient. Witness, aptitude in respect of health, assiduity, uncorruptness, firmness, gentleness, quickness in execution, &c.
16. After the completion of the code, it might not improbably be a considerable time, before the need of the offer thus described would manifest itself.
Reasons for the above described open mode.
They are constituted by the advantages, which, with reference to the greatest happiness of the greatest number, would be the result of it.
1.—Reason 1. The chances, in favour of the aptest possible draught, rendered the greatest possible. The more draughts sent in, the more will there be for those to choose out of, to whom it belongs to choose.
2.—Reason 2. The greater the number of draughts sent in, the greater the number of those, out of which, portions might, upon occasion, be selected for the amendment of that one, whichsoever it were, that shall have been chosen to serve as the principal basis of the completed work.
3.—Reason 3. Advantages derivable from the school that would thus be established, for functionaries in the legislative departments.
4.—Reason 4. Advantages from the school thus established, as applied to the case of functionaries in the judiciary and administrative departments.
Masters in these schools, the authors of the proposed codes: scholars, the readers of these same codes. Note, that in this branch of art and science, as in every other, the pleasantest and most effectual mode of learning is by teaching;—by teaching, or at least endeavouring to teach.
By the reading of books and articles in periodical works, on subjects belonging to this or that small spot in the field of legislation—by reading in this way, with or without the hearing of speeches, are statesmen formed at present. But from such scattered and casually visited springs, what is the greatest quantity of information capable of being derived, in comparison of all those several floods, by each of which the whole field of legislation and government will be covered?
True it is, that, in regard to offices belonging to the judicial department, the same observation applies to these as that which has just been applied to the proposed future contingent office of conservator of the laws. By no degree of aptitude, be it ever so high, on the part of any such legislative draught, can any absolutely conclusive evidence be given, of aptitude on the part of the author, with relation to any of these certainly and constantly indispensable offices. Witness, in addition to the elements of aptitude instanced in that case, fluency in speech.
So likewise in regard to offices belonging to the several branches of the administrative department. Further exemplification will not here be necessary.
Still, as far as it goes, still even with reference to every such office, what can scarcely fail to have a place is—that by the authorship of an intellectual work, so matchless in difficulty as well as importance—in the extent of knowledge as well as correctness of judgment necessary,—evidence of appropriate aptitude—evidence in a pre-eminent degree probative—will have been exhibited—exhibited by a no inconsiderable proportion of the whole number of competitors.
1.—Objection 1. Fruitless the invitation: none will be found to accept it.
Answer. The objection has been anticipated. What!—is money of no value?—is power of no value? The highest of all bloodless glories, is that too of no value? Vain would it be to say—despair of success will drive men from so arduous a work. Not it indeed. In each man’s eyes, success will depend—not on absolute, but on comparative aptitude.
But, suppose no such work sent in, where is the evil? Absolutely none. On the contrary, there is this positive good: evidence given to the subject many—evidence, and that of the most conclusive kind—of sincerity on the part of their rulers, in respect of the sacrifice thus made of so large a portion of power to the universal interest.
2.—Objection 2. The press would be inundated and overloaded; public money would be wasted in the publication of so many voluminous compositions; public time wasted in the consideration of them.
Answer. Strange indeed it would be, if the objection were not completely anticipated by the two great political schools—by the school for legislative functionaries, and the school for executive functionaries, as above. For any the most trifling branch of art and science, in what instance was any the most inconsiderable school ever established by the government of a country at so small an expense?
3.—Objection 3. An innovation this: unprecedented this open mode of legislation.
Answer. True, in point of fact: but what is the application of it in point of argument? Unprecedented it must be confessed is this open mode, on the part of men whose station is in that place from whence it is proposed that the invitation should come. Unprecedented: but why? Only because, in breasts so stationed, pre-eminent regard for the greatest happiness of the greatest number, in preference to all particular and thence sinister interests, is unprecedented.
4.—Objection 4. By the adoption of this open mode, the two situations of representatives and constituents would be confounded: the power that had been transferred, would thus be given back.
Answer. What if it were—what if, for the purpose of passing condemnation, a word to which a dyslogistic sense stands associated, such as the word confusion, could, without impropriety, be applied? Suppose not only these but all other situations confounded, where would be the evil, if, by such confusion, the greatest happiness of the greatest number would be increased?
Not that there is any such thing as confusion in the case. True it is—that, by every exercise given to the legislative function, a power is exercised: for, of this function, the exercise is confined to a comparatively small number, all others being excluded from it: to that function, therefore, power is effectually attached. But, by the very supposition, from the exercise of the function here proposed to be laid open to every man, no man is excluded. Here, therefore, no power has place. True it is, what is proposed is—that a service be performed: a service which, if well performed, will be the most beneficial, as well as the most difficult, of all services: but still, by the performance of it, though it were by ever so great a multitude, not an atom of power would be exercised.
Reasons for not giving to members of the legislative body the exclusive faculty of furnishing original draughts:—of furnishing them in this extraordinary case, as has been hitherto everywhere the practice in all ordinary cases.
1.—Reason 1. They have no time applicable to it.
The composition of a body of law,—which is to be at the same time all-comprehensive, and on every point, by means of a perpetually interwoven rationale, justified and explained,—presents of itself an irresistible demand for the whole quantity of applicable time, at the disposal of whatsoever individual may be engaged in it: if so, then, in the case of every individual possessing any share in the aggregate of legislative power, if any part of his time be employed upon this work, the consequence is—that either the ordinary function called, or liable to be called, continually into exercise by the exigencies of the day, or else this extraordinary function, or both the one and the other, will of necessity be neglected.
In the practical result of this reason, is comprised (it may be observed) an exclusion put upon the members of the legislative body, as to the function of drawing up any such draught. It applies not however to the persons—this exclusion:—it applies only to the time: and as to time, it applies not to any portion other than that which, by their engagement, stands appropriated to the ordinary duties of such their situation. It applies not to the exclusion of any draught already prepared by any member, antecedently to the day on which the all-comprehensive invitation shall have been resolved upon: it applies not to any portion of time subsequent to that, during which his exercise of those same ordinary functions is continued: it is therefore no bar to his entering, immediately after such invitation, upon the task of penning such a draught, provided that on that occasion he vacates his seat.
Objection to the above temporary exclusion. Presence of the author necessary for explanation and justification. What (it may be asked) must be the condition of any such original draught, if the author, of whose views it is the expression, is not, at the time of its being on the carpet, enabled by his presence to supply such explanations and justifications as may be requisite for the support of it?
Answer 1. To the case of an original draught of the ordinary kind—of a draught containing nothing but an assemblage of expressions of will, without anything whatever in the shape of reason for the justification or explanation of it,—true it is, this objection would apply with no inconsiderable force. But, in the case of an original draught of the sort here in question, an instrument of explanation and justification is by the supposition always present: and this too in a form beyond comparison more apt than any that could be given to a set of impromptuary and orally delivered observations: more apt, namely, in clearness, correctness, completeness, conciseness, compactness, methodicalness, consistency (meaning, exemption from inconsistency): naturally, not to say necessarily, more apt, and that to an indefinite degree.
2. The original draught, whatever it be, being given in, the having composed it is no bar to the author’s being a member of the assembly in which it is the subject of discussion.
In truth, supposing him not to be a member, he might throughout the discussion be present, with the faculty of giving his assistance to both those purposes. Nothing more natural, because nothing more obviously useful, and as it should seem unexceptionable. His not having the power of a member, is no reason why the assembly, and through the assembly the nation, should not have the faculty of receiving from him this service.
2.—Reason 2. By the competition thus proposed, a bridle will be applied to the power of the constituted authorities: a bridle, and that an unexceptionable and indispensable one.
The need of this tutelary instrument has for its cause the influence of sinister interest: that particular interest, by which, in case of competition, and to the extent of the competition, every individual is prompted to make sacrifice of the happiness of all besides to his own individual happiness: in every situation every individual prompted, and, in every political situation, in proportion to the power and influence attached to that situation, enabled, to make this sacrifice: say the sinister sacrifice.
Behold now what this bridle is, and how it is that, by the unlimited number of original draughts let in by the proposed open mode, it is applied. By the supposition, each draught comes provided with its rationale; and true it is that, by that same rationale, as above mentioned, a bridle is applied, nor that an inefficient one: applied, namely to the mouth of the author of that same draught. Small, however, will be the utmost tutelary force of that one bridle, compared with that which may be applied by the aggregate of all the several draughts, with their respective rationales, to which, in a number altogether indefinite, it is the object of the here-proposed arrangement to give birth. The bridle which, in this shape, each man makes for his own mouth, will of course be as light and soft as he thinks he can venture to make it. Let any one therefore judge, how inadequate the force of this one check, and that applied by so partial a hand, cannot but be, when compared with the united force of all those instruments of salutary controul which, in an indefinite number, he sees about to be applied: applied by so many different hands, preserved, all of them, by the very nature of the case, from all partiality in his favour: instruments, which though not made, any of them, for his mouth in particular, will not be the less effective.
Of this composite bridle, the tutelary force will apply itself successively to both situations: in the first instance, to that of the framers of the several original draughts, on which the several members of the legislature are to sit as judges, and when it has produced its effect in that quarter, then to the situation of members: to the legislators themselves, when occupied respectively in the formation of their several judgments, and in the consideration of the line of conduct to be pursued by them in consequence. In the case of each individual draughtsman, the controul has for its cause, the anticipated view of the body of information, that may come to have been furnished by the several rationalized codes sent in by his competitors: in the case of the legislator, it is the actual view of them when sent in. When the collection of them has been completed, each member of the legislature, according to the measure of his zeal and industry, will of course compare them with one another in his own mind, and out of such of them as appear to him worthy his attention, he will form for himself the substance of a new draught, composed of whatsoever arrangements have obtained his preference. In this new draught, in what way soever the component parts of it may have been put together,—whether in the letter-press or only in his own mind,—the rationale will be the standard of comparison, by which the text of each arrangement, in each several draught, will be judged of by him: and, of the correspondent portions of text, will be composed the aggregate of the several arrangements, to which his duty will be calling upon him for his support. Moreover in this same aggregate, each private individual, whose attention is applied to the subject, will see the ground of whatever judgment he puts himself in a way to pronounce—whether in the general character of member of the tribunal of public opinion, or in the particular character of constituent, on the conduct of his representative, on the occasion of the judgment passed by him on the subject of the work, in the aptitude of which the whole nation has so deep an interest.
Reader, be not alarmed by the idea of the possible immensity of the supposed aggregate. The state of things, which in an eminent degree seems probable, is—that, be the number of the draughts what it may, of some one of them—the most apt upon the whole—the consistency will be such, that if it be employed in any part, it will be employed, almost to the exclusion of all others; and that the only use made of these others, will be the deriving from this and that one of them, an amendment for this or that particular imperfection, that may have been observed in the fundamental work.
A pattern of this sort being in every man’s view—a literary composition, of which, in every part, the component words stand determined—conceive now the advantage, with which, in his capacity of censor, every citizen will be enabled to act, while calling to account this or that member of the legislative body, in respect of the code, or any part of the code, to which his concurrence has been given:—“Behold this and this unfit arrangement in the draught that has your support—to arrangements, the unfitness of which stands demonstrated in the portion you see of the rationale belonging to this other draught. Behold the draught, in which are this and this fit arrangement, which, in your draught, though in the corresponding parts of its rationale their fitness stands so conclusively demonstrated, are not to be found! With the so much better lying before you, wherefore is it that you have given preference to the worse? For such preference, what justification, what apology, can you produce?” Of this nature are the questions, by the fear of which the bridle is applied.
Compared with a judgment formed with such a pattern for its ground,—how vague and ungrounded must be the best grounded judgment, which, in relation to the subject matter in question, can be formed!—formed, even by the best constructed mind in the present state of things! Neither for approbation, nor thence for disapprobation, is anything, approaching, though at ever so wide a distance, to a determinate ground, to be found anywhere, by any man: nothing better than the ever indeterminate, and ever changing, as well as ever inadequate, stock of such crude, incorrect, incomplete, mutually and perpetually discordant conceptions, as may be found extractible from the existing stock of literary matter, belonging to the several departments of legislation and government: with or without the addition of such information and advice, as it may happen to him to have obtained from this or that other man, whose conceptions and judgment have been derived from the same muddy source: both judgments all the while exposed, and without warning, to the delusive influence of all those fallacies, and other instruments of delusion, with which the whole field of government is, in every portion of it, so abundantly infested.
Deteriorated rather than improved, is this fluctuating standard, this ever changing pattern, by such flashes of eloquence, addressed so much more frequently to the passions than to the judgment—those momentary lights, of which orally delivered speeches are in so large a proportion almost unavoidably composed. The greatest-happiness principle, with its mild and steady radiance, will be an extinguisher to all such false lights.
Antecedently to the formation of the sort of pattern here described,—in forming a judgment in relation to what on this or that part of the field the law ought to be, the condition men’s minds are in, is analogous to that in which, on so large a portion of that field, they are, in relation to what the law is: namely, on that portion of it which is under the dominion of that spurious and fictitious substitute to really-existing law—that fictitious offspring of each man’s imagination—so improperly though generally designated by the name of unwritten or common law.
Not only to any representative of the people may questions, with this ground to them, be addressed, but to any other sharer in legislative power, whose situation is accessible: not only to the situation of representative of the people does the corresponding bridle apply, but to that of any servant of the monarch in the situation of minister: of minister:—for, as to the fleshly idol of which the minister is the priest, deafness as well as dumbness are of the number of his attributes.
Not only by a constituent, to a candidate for the situation of representative, on the occasion of an election,—but by any individual whatever, and on every occasion, so his situation be but an accessible one, may the sort of questions above exemplified, searching as they are, be addressed.
If appropriate moral aptitude in perfection, seconded by appropriate intellectual and active aptitude in correspondent perfection—if consummate wisdom and consummate talent under the guidance of consummate virtue, be not among the never-failing accompaniments of power—if, in a word, for the security of the subject many, a bridle in any shape to the power of the ruling few, be needful,—a softer and less galling bridle than the one here proposed—a softer and less galling one, whatsoever may be its efficiency—cannot easily be imagined. Whatsoever be the constitution it finds established, not any the slightest change would it produce or so much as hint at.
Even under a pure monarchy, if in such a government a bridle in any shape, applied to the mouth of the earthly representative of the Divinity, in any part of the field of his dominion, could be endurable,—a bridle in this shape might, not impossibly, be endured. In the penal and the civil portion of the field, it would be so, if in any. As to the constitutional portion, on which, under this form of government, nothing reasonable can be said in support of anything that has place,—on which, darkness, silence, and motionless prostration on the one part are the indispensable means of security on the other,—on this domain, the touch of a feather in the shape of a bridle would be intolerable: the more efficiently contributory an arrangement were demonstrated to be to the greatest happiness of the greatest number, the more intolerable would the sight of it be to the supremely ruling one, with his sub-ruling few.
Discarding now all these flattering suppositions,—take in hand the sad case, which as yet has at all times and everywhere been in this respect the only real one. Proposed code, none visible, but the one, whatever it be, which has had the seat of power—of irresistible power—for its birthplace. Out from it comes the draught,—and in every part of the field, be its inaptitude ever so portentous, this it is that must have the stamp of authority upon it—this or none. All better ones have been kept out of existence.
Would any man wish to see in how high a degree inimical to the greatest happiness of the greatest number, a proposed code is capable of manifesting itself?—of manifesting itself, after all the lights, which, down to the present time, have been spread over the field of its dominion?—let him turn to the work, with which, in the character of a penal code, Spain, while this page is penning, is still menaced.