[xxxviii. 27]

1822 July 15.

Constitut. Code Rationale

Securities

5 Moral Counterforce

Public Opinion Tribunal

Evidence and Comments

48. If at Statute Law, the subject of the prohibition has been described: thence, the case in which punishment will be applied.

49. By taxation may be produced in some sort the effect of corruption as well as of obstruction. By taxation, works that can not pay the tax stand prohibited: those that can and do permitted. Hence, the information is corruptly partial to the detriment of the comparatively poor: information that seeks to deceive them is poured in upon them: information that seeks to afford them useful instruction, is kept out of their sight.

50. Not quite so mischievous is this mode of corruption, as the two others: by a line thus drawn, mischievous and useful information can not be so compleatly separated to the purpose of pouring in the mischievous and keeping back the useful.

51. Only by rulers or with their aid, can these means of destroying the effect of this counterforce to their power be employed. In so far as they employ them, they make it evident that to maximize and perpetuate misrule, thence human misery in all shapes, are their endeavours directed.

52. Information to one nation being so to all, thus to maximize misrule and misery in one, is so to do in all the others.

53. More extensively hostile the Ruler who does thus │   │ is to the whole species, than a Pirate is: the mischief extends to all nations and all times.

54. Dangerous would it be to the indicater to indicate those enemies of mankind by their individual names: not so by their official do.

( Here give them)
Similar Items
  • Title: [[clx. 357] 1822 July 14 Constitut]
    Description: [clx. 357]

    1822 July 14

    Constitut. Code Rationale

    Securities Counterforce

    4. Legal Responsibility

    5. Moral Responsibility

    Evidence

    This indirect mode of corruption by garbling is not altogether so mischievous as either of the two others. Of the matters kept from publication no such individual selection can be made as in the other case. Still however selection /separation/ in no small degree mischievous can be made and is made. For particulars and examples see the case of England.

    As it is only by the power of government that this poisoning /corruption/ and this obstruction can be carried into effect, it is manifestly for the purpose of misrule, for the purpose of giving extension and perpetuity to misrule and thereby to human misery in all its shapes that enmity to mankind /war upon human /the/ happiness of mankind/ in both these shapes is on every occasion exercised /carried on/

    But as nations are now [...?] information to any one nation is information to every other applying poison or obstruction to any one press is applying it to every other. Carrying on hostility in any one nation and thereby against that one nation is carrying on hostility against every other. It is still more extensively and effectively an act of hostility against all /the/ nations /of the earth/ than piracy is. For the mischief and terror produced by a pirate is confined to the seas on which his acts of piracy are exercised it is confined within the space of time, never a very long one during which those acts continue to be exercised. But the mischief produced by the suppression of information on the one side on the side of the victims of misrule while false and delusive information in support of misrule is let through may spread itself over all nations, and continue in all times.
  • Title: [[xxxviii. 25] 1822. July 15]
    Description: [xxxviii. 25]

    1822. July 15

    Constitut. Code Rationale.

    Securities

    5 Moral Counterforce

    Public Opinion Tribunal

    Evidence and Comments

    33. 2. So, on the field of taste: viz.

    1. Of the sexual appetite, eccentricities by which no power is produced. By indication of them, power may be produced enough to fill a whole life with bitterness. Enemy to greatest happiness, not the agent but the indicator. Greater the evil produced by the indication where the │   │ has than where it has not been done. By groundlessness of the indication is afforded comfort in the opposite case wanting.

    34. 2. Breach of marriage contract, particularly on female side. Act unknown, pleasure none, pain none. For punishing an act, sole good reason, the danger it produces of disclosure: disclosure generally but too probable.

    35. Advantages of this moral over legal punishment.

    1. Application more extensive, even all-comprehensive: viz. to every thing by which happiness is lessened: to vices as well as crimes.

    2. More gentle: incapable of running into such great excess.

    3. More extensive: not exposed to be evaded by want of evidence and by quibbles.

    Better reason therefore for crying out against legal punishment than against defamation.

    36. So far as law contributes to greatest happiness, Public opinion Tribunal strengthens it. Against all acts vitious enough to be punished as criminal, it furnishes it with a fund of Evidence in the shape of defamation, in so far as useful and true.

    37 Through this channel, depredation and oppression inflicted for want of law or by law, are met by complaint, and their course stopt or retarded. Sufferers, otherwise helpless, receive mitigation.

    38 Act (suppose) not only vitious but punishable. Give intimation of it through the appropriate channel to Public opinion Tribunal, the information thus furnished, though it can not be acted upon by Judges to the purpose of conviction may be by individuals to the purpose of prosecution and investigation of legally receivable Evidence.

    39. Against evil produced or protected by Rulers, i.e. by the law, this applies the only remedy.

    40. Every endeavour to destroy or diminish this counterforce is do. to apply strength to misrule, decrease to human happiness, encrease to human misery.

    Of the foulest individual crime nothing worse, nothing so bad, can with truth be said.
  • Title: [[clx. 428] 1822 July 28 Constitut]
    Description: [clx. 428]

    1822 July 28

    Constitut. Code

    As in /of/ a constitution which has for its object the greatest happiness of the one or the few the great /main/ object will necessarily be to minimize this counterforce or even to annihilate it so in a Constitution which has for its object the greatest happiness of all the great object will be to maximize it. The course that presents itself as being in the highest degree conducive and contributory to this purpose will here come to be delineated in its place: and the reception given to whatsoever promises /shall promise/ to be in the highest degree contributory to this effect may be seen as instructive a /the most instructive/ test as imagination can frame of appropriate moral aptitude on the part of rulers as any that can be imagined

    3. Lastly comes the superhuman, or say religious sanction But of this it will be seen, that to any such purpose as that of being employed in the character of a counterforce to the power of those in whose hands is the force of the political including the legal sanction, it is essentially inapplicable. See further on Dissertation │   │. To the force of the possessors of the supreme power be they who they may, instead of operating /being/ a counterforce it will be an instrument in their hands: instead of a check an instrument: giving facility instead of applying restriction to misrule