date

[xxxvi. 134] 1822 June 29 Constitut
[xxxvi. 134]

1822 June 29

Constitut Code

Supreme Operative

I. Monarch

His interest sinister

3. Take in the last /next/ place, the Penal branch of law. Immediately subordinate ends Beneficial Effect of the distributive branch of the law maximized; punishment minimized.

With regard to Civil or say Distributive branch of law taken in its several sub-branches or specific branches, as above it has been how far in the situation of Monarch his particular interest is accordant and coincident with the universal interest, how far opposite to it. 1. First then as to the maximization of the beneficial effects in question. So far as the above mentioned coincidence has place it is his interest that the universally beneficial effects may, by all imaginable means, and by this principal means in particular be maximized. But so far as instead of coincidence opposition has place, this same particular interest of his requires that the amount of these same beneficial effects be minimized: or, in other words, that none such have place, but that the opposite evils have place

2. Next and lastly, as to the minimization of punishment So far as by the infliction of punishment, /misdeeds on the part of/ any individual in or not in the situation of functionary under him misdeeds tending to promote his particular interest - vengeance and ease included would be repressed, his interest requires that no punishment at all be inflicted: or if any, none beyond the least possible.

So far as by the infliction of punishment acts tending to the security of individuals against misdeeds the commission of which is required as above by his particular interest would be prevented, and thence his power of evil doing restricted, or any gratification afforded to his appetite for vengeance, or any security afforded to him against disturbance to his ease against disturbance, his particular interest requires that punishment be maximized.

For particular exemplifications, see the above mentioned " Sketch"
Similar Items
  • Title: [[xxxvi. 132] 1822 June 29 Constitut]
    Description: [xxxvi. 132]

    1822 June 29

    Constitut Code

    Supreme Operative

    I. Monarch

    His interest sinister

    As to security against misdeeds on the part of functionaries - security against the abuse of his own power - the very idea of it is intolerable, as if in his hands power were exposed /capable/ of being abused! as if wrong could be done by him by whom no wrong can be done - by him, by whom /for whose benefit/ of that which if done by another would be wrong, is by the mere circumstance of its being by him that it is done, converted into right.

    4. Equality. In a Republic, the instrument of felicity thus denominated is watched and guarded with peculiarly anxious care. It is regarded /prized/ not only as being in its own character an instrument of felicity an instrument for producing the greatest quantity of internal felicity itself out of a given quantity of the external instruments of felicity, but an instrument of security for security itself: in particular for securing all the several instruments of felicity to all the Members of the community against the enterprizes /invasion on the part/ of such of them as have place /are/ in the situation of public functionaries

    But to the Monarch the very word is an object of abhorrence. To give admission to it in the list of fit ends of the distributive branch of law, is at once to put an exclusion upon his Office: to shut the door of the Official Establishment upon /against/ his office. Of all the imaginable instruments of felicity that can be named not one is there in which he can endure the idea of seeing any other member of the community possessing an equal share

    In particular not so much as an equal share in the protection of the law:- in the benefit derived from the services of the Officers belonging to the judicial department, directed, as they are or ought to be, to the securing to every Member of the community his proper share in the aggregate stock of the external instruments of felicity, against evil, in the several shapes in which it is endeavoured to be excluded by prohibition and punishment attached to the several misdeeds by which it is liable to be produced
  • Title: [[xxxvi. 133] 1822 June 29 Constitut]
    Description: [xxxvi. 133]

    1822 June 29

    Constitut. Code

    Supreme Operative

    I. Monarch

    His interest sinister

    2. Take in the next place the four immediately subordinate ends of the Non-penal or distributive branch of law: Subsistence, Abundance Security and Equality in so far as the less important are compatible with the more important, maximized.

    1. Subsistence. This it is true it is his interest they should have: that is to say such of them as are in a condition to work and can be made to work: for, unless he lives, man can not work. /for man can not work any longer than he lives./

    But it is the interest of the greatest number that whether able or not able to work they should live which is as much as to say that they should subsist that they should have subsistence /in which is included the having subsistence/.

    2. Abundance. This also it is his interest they should have: and the more /greater the quantity/ they acquire /produce/ and thence have, the greater the quantity which it will be in his power, as it can not fail to be in his inclination, to get out of them /these/ for himself. But so long as by any act of his, any addition how small so ever, which could not otherwise be made to the stock of the matter of abundance to the stock of their portions neither passing into and through his hands, how great may be the quantity which by this same act is taken out of their hands or prevented from finding its way into them will to this same personal interest of his be matter of indifference.

    3. Security. Security is for body, mind, reputation, pecuniary property power, condition in life: it is against against injury at the hands of external evil doers, internal evil-doers not being functionaries, and internal evil doers being functionaries. Security against external evil doers, i.e. against foreign enemies his personal interest prompts him to maximize, so long /far/ as no expectation of profit presents itself from the restriction or diminution or destruction of it. But that which he is continually upon the watch to get is - an augmentation of the mass of the external instruments of felicity in his hands at the expence of other communities: and in the way /by means/ of war, that is murder upon the largest scale, this he never can get but by the diminution and as to so much the destruction of the security of his subjects as for the several possessions above enumerated.
  • Title: [1822 June 10 Economy etc In]
    Description: 1822 June 10

    Economy etc

    In a pure Monarchy the form of government has for its sole object or

    end in view the greatest happiness of that one supremely ruling functionary /the

    Monarch/

    In a mixt Monarchy such as that of England the form of government has

    for its object the greatest happiness of the Monarch, with the addition of that of

    the comparatively few who in the character of partners /associates/ or necessary

    instruments have become sharers with him in the power and profit of government

    In a political community in which the form of government has for its

    sole object the greatest happiness of the greatest number, the greatest happiness of

    the greatest number requires that the whole of the Official Establishment /on the

    part of all the several /each functionary// aptitude for contributing his part to

    that same end, according to the nature of his Office be maximized /at its maximum/.

    In the form of Government which has place In England the form of

    government having for its object the greatest happiness of the Monarch with the

    conjointly ruling and subruling few his associates the greatest happiness of the

    partnership requires that on the part of each functionary aptitude for contributing

    his part to that same end be maximized and that in so far as aptitude with relation

    to the greatest happiness of the greatest number would be detrimental with relation

    to that same particular and sinister end, all such right and proper aptitude should

    be minimized, or if /and were it/ possible excluded