date

[xxxviii. 76] 1822 July 21.
[xxxviii. 76]

1822 July 21.

Constitut. Code Rationale

Securities

6. Factitious honor - Exclusion of

?.5. Extravasated - its absurdities

1. Factitious honor extravasated - its peculiar evils.

1. In addition to peculiar wastefulness, do. absurdity.

2. Admitting it to be well seated when primarily seated, by extravasation the honor is rendered mis-seated: thereby matching with mis seated punishment.

3. Punishment and reward aptly seated when seated in the agent in question: unaptly-seated or say mis seated in so far as in any other.

4. Of misseated punishment the absurdity as well as atrocity is recognized by all not blinded by terror or terror-begotten prejudice: if any one besides the Agent, then all should be so dealt with.

5. Misseated is either

1. Vicarious -

2. Extravasated.

6. Absurd justification of misseated punishment: viz. extravasated. Much naturally so is unavoidable: therefore add factitious.

7. Inducements to the addition: 1 self-preservation: 2. rapacity, i.e. desire of depredation

8. Further cause of the propensity - principle of blind imitation: subject of imitation to God. Habitual to God is such misseated punishment: therefore so should it be to man. Apply this to medical practice.

9. Not irrelevant to reward is what is thus said of punishment. Waste of evil leads to waste of good: they belong to the same mind and the same form of Government: they spring from the same root: │   │ for those at whose expence it is made.

10. Vicarious reward too palpably absurd to be any where exemplified (Quere?) Extravasated, not: applied to factitious honor in particular.

11. Plea, if any, for factitious honor, extra meritorious service by the individual honored: in so far as the honor is extravasated, this plea is flagrantly false.

12. Applied to punishment, the extravasated part had a pretence, and even a portion of sufficient justification - Not so, when applied to reward in this shape.

13. Plea as applied to punishment, conduciveness of forfeiture to disablement and depredation.

Replication. For disablement, temporary expropriation sufficient: for deterioration of aptly seated punishment more is applicable than can be applied without being so plainly excessive, that by being uninflictible, it is rendered inoperative.
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    ? Factitious honor extravasated - its peculiar evils.

    The use /case/ where the honor /distinction/ in question has been received in the way of succession, as /after the manner of/ property in a pecuniary shape is an altogether curious one.

    Wastefulness and absurdity and wastefulness vie with each other in the composition of this institution /arrangement/

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    Aptly or rightly seated punishment is aptly or say rightly seated in so far as the individual on whom it falls has been a party /a partaker/ in /to/ the misdeed. Punishment is unaptly seated or say mis-seated in so far as it falls on any individual who has not been a partaker in the offence.

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    /Understand by mis-seated/ punishment has been termed vicarious, where a party /an individual/ who has been a partaker in the misdeed not being subjected to punishment in respect /consideration/ of it, one who has not been a partaker is subjected to punishment in his stead.

    /Understand by/ Mis-seated punishment may be termed extravasating: where /in so far as/ an individual or individuals who were not partakers in the misdeed are subjected to punishment in conjunction with those who were.
  • Title: [[clx. 295] 1822 July 21 Constitut]
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    Where, for the waste made of reward in this /the/ shape /of factitious honour/ any thing in the shape of a justification is pleaded /adduced/ it is the remuneration, and by means of the remuneration, the production of extra-meritorious public service that is stated as the good produced by it. But, where the person /individual/ to whom the reward is given is a person other than him by whom the supposed service is supposed to have been performed, the plea such as it is, has /is/ mainifestly no /without/ application, and such is the case, in so far as the reward is in a state of extravasation

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    Thereupon what may here be said is this - whatsoever fear has for its object evil in the case of its borne immediately by himself a circumstance /source/ from which it can not fail to receive an addition is evil about to be eventually suffered by a party dear to him a party who is the object of his sympathetic affection in his breast. To the first consideration the answer is - that to that purpose temporary and conditional expropriation is sufficient, perpetual and absolute, needless and therefore excessive: to the other, that after a certain degree of propinquity the affection if it exists is too weak to be operative: and that without the help of this /so unappropriate an/ addition, punishment may be heaped up to such a degree as to be plainly excessive, and by its manifest excessiveness rendered uninflatable, and thence unoperative.

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  • Title: [[clx. 294] 1822 July 5 Constitut]
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    Punishment in a vicarious state is as /no less/ alien to nature than it is repugnant to reason and general utility

    In consequence of the various connections of interest and sympathy, domestic more especially by which men are linked together, punishment in an extravasated state is to an indefinite extent unhappily unavoidable. By Evil to this extent /amount/ a moderate appetite for the spectacle of human suffering would have been sufficient. Not so to the appetite of /in the eyes of/ an English lawyer To reconcile men to the contemplation /view/ of the boundless quantity produced by them under the orders of their Monarch for the satisfaction /gratification/ of the conjunct of the kindred /kindred/ appetites of rapacity and vengeance, they have pointed to the /that/ unhappy abundance of evil in this shape /mis seated punishment/ which no human ingenuity under the orders of human benevolence is able altogether to exclude.

    Impute not /Tax not with/ irrelevancy to what is here said of mis-seated punishment. Partly in the way of suggestion, partly in the way of supposed or pretended justification injustice in the application of the matter of evil leads to injustice in the application of the matter of good. To be lavish of punishment and lavish of reward, belongs to the same mind and to the same form of government. Prodigality whatsoever be the subject matter of it - the prodigality by which others suffer is the result /offspring/ of contempt - of the contempt entertained towards those /of which they are the objects/ /with which they are regarded/ who suffer by it

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    The deficiency has however been amply compensated for by the amplitude of the field in which extravasated reward, with its waste and absurdity have been and continue to be exhibited.

    In the case of punishment, the substitution of a manifestly improper object to a supposed or pretended proper one was introduced by priestcraft. By vicarious punishment sin was said in Latin to be expiated to be expelled by piety: in English to be atoned for. A God or Gods was offended - but, roast meat being given to their priests, the priests were saturated, and the Gods satisfied. Offending and non-offending were in consequence all-at-one: at-one-ment was thus made.