[xxxvi. 168]

1822 July 19

Constitut. Code Rationale

Supreme Operative?

I Monarch

Instruments

Fiction

Fiction.

Consideranda in relation to it

1. Evils produced by it, considered in a general point of view

2. By whom employed.

3. To whose benefit employed.

4 For whose benefit employed

5. At whose expence employed.

6. Occasions on which it has been employed: i.e. Parts of the field of Legislation to which application has been made of it.

?.1. Evils produced by it

1. In general all the evils of Misrule. Falshood is essentially an instrument of evil: an instrument adapted generally to the purposes of all evil-doers as such. When he by whom it is employed is a functionary, especially a Judicial functionary of the highest order, it is a case the evil receives an aggravation: and so does the turpitude of the evil-doer.

2. Debasement of the moral part of the mental frame of all those by whom application is made of it

3. Debasement of the intellectual part of the mental frame of all those upon whom the imposition passes, and by whom the lie uttered in place of a reason is accepted as constituting a reason, and that a sufficient one

4 The several particular evils operated by means of it. These will be determined by the several parts of the field to which application has been made of it

5. In general it may be stated as an instrument of arbitrary power: invented by functionaries invested with limited power for the purpose of breaking through the limits by which was intended to be circumscribed.
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    4 When Monarchy was specially on the carpet In bringing to view /In the account given/ the several external instruments of felicity in their eventual character of instruments of corruptive influence, this one was exhibited /had its place/ among the rest. Evil 4. Say Evil by contribution to the corruption fund - to the stock of the matter of corruptive influence

    Considered in comparison with the other articles it will be found to stand upon a very different footing from both of them. Power is necessary it is necessary to the very existence of government: it is the very matter of which /the means of/ government is /are/ made. Excluded it can not be: the utmost that can be done is to limit it

    So again money - money at the disposal of government. Without it government in a political community of any considerable extent could not be carried on. To exclude it altogether is impossible. To exclude the difference between what is necessary and what is not necessary - and to take care that that which is necessary shall according to its destination be applied to the service of government and to no other purpose - this is all that can /the utmost of what can/ be done.

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    In both ways /parts of the field of action/ in the character of instruments of corruption they act /operate/ in two distinguishable ways: viz. 1 being /when/ in possession by operating as a sort of bond of union and common attachment to the whole system of which they constitute /form/ a part: 2. when in expectation by operating as inducements to [...?] men to betray their trust for /to/ the purpose /effect/ of obtaining at the hands of the arch-corrupter the /an/ instrument of felicity in this shape
  • Title: [[xxxvi. 183] 1821 May 19 1822 Aug]
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    1821 May 19 1822 Aug. 9

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    In regard to fiction two sources of use or /and/ service require to be noted. One is, the extent of the sinister service rendered: the other is, the extent of the class of persons to whom the service is rendered.

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     1. Insert before the improper mention of the proper sense of purity.

    2. Add that the use of the word impurity in the sense in which moral is inferred

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    2. As to quality, considered apart from quantity, it is in the eye of reason a

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    /portion/ of the attainable quantity be given up.

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    source from which it is derived—the instrument or instruments, interior or exterior

    to the bodily or mental frame of the individual in question by which (to change the

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    pleasure being [taken for] the subject the words pure and impure and pure are in use

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    of this rhetoric. It is this.]

    In the shape of disgust or some other shape I for my part should feel pain were I to

    perform this act; therefore if you to whom it would not be productive not of pain but

    of pleasure, were to perform it you ought to be made to suffer pain under the name of

    punishment.