date

[036-130v] 1822 Jan y. 22 Codification
[036-130v]

1822 Jan y. 22

Codification Proposal

Inserendum

'.2. Rationale necessary or '.3. Reasons what

Taken by itself, not only every act by which punishment is inflicted, but Every act by which power is exercised by compulsory means power by any one man exercised over any other, is an evil. /For the act by which this evil is produced/ To constitute a perfect warrant for the act by which this evil is produced two points of probability must be sufficiently established: that by the evil thus produced preponderant good good to a preponderant amount will be produced; and that at a less expence in the shape /article/ of evil good in question could not by the means in question or any other means have been produced. In the framing of the rationale, both these points /objects/ will be constantly kept in view.

On the occasion of /In speaking of/ a law or body of law expressions of approbation and disapprobation - such as good and bad, beneficial and pernicious, will be /are/ seen continually presenting themselves. Till some standard is fixt, approbation or disapprobation on the part of him who thus speaks of them - the state of his mind in relation to the object /objects/ in question, not any quality in the objects themselves this and nothing more will be the thing really designated: this and nothing more, with whatsoever greater weight whose words the words are may wish to see them operate. When the rationale in question with this maxim for its ground has been established the import of these same expressions considered as indicative of qualities belonging to the states of things, acts or other events spoken of, will now for the first time now and for ever henceforward be fixt.
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