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9 Jan y 1817
Necessity Cat
1 Theory
§. Forms of Government
§ Forms of government what.
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Quest 1 - Form of Government what? -
Ans - Government is in such a form, where the supreme power, by the exercise of which it is carried on, are in the hands of persons of such a description
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Q 2 - Political power what? -
A. Unanswerable: political power is a species of < > Power is not a species of any thing -
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Q 3. Give what < > it may be susceptible of -
A - Power is constituted by subjection: momentary by momentary: habitual by habitual -
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Q. 4. Elements of subjection, what? -
A. 1. Obedience (active) 2 Obedience passive i-e submissive 3 Non-resistance -
Corresponds to active obedience active command; to negative, prohibition, to non resistance, power operating on the < > passive faculties -
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Q.5. So no political power, without active obedience, passive obedience and non resistance -
A - No -
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Are you then a disciple of Sebthorpe &c? -
A - No. according to them to their mode of subjection under a Monarchy there might be be no limits according to use the habit of subjective is in all directions in fact susceptable of limits -
§. Forms of government
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Q.7 - What say you to J.B. power of difficulties and aggregation? -
A. The indication is a necessary one. To the expression given to a command suppose no objects but individual ones designated, no room for this power: suppose any one species of objects there comes room for it.
1. By difficulties given of the species, it given by authority, power of classification is exercised: by addition made of any individual to the species already numbered out, power of aggregation. - Thus the effect produced is the joint work of the power of institution on the one hand, and d o. of classification and aggregation on the other: each of them is of itself but fructional[?].
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Q.8 - Give an example?
A - Take two -
1. To Judges of a certain class the law gives power of dealing so and so by thieves. By The Monarch by whom Judges of this class are appointed in so doing power of aggregation is exercised. By a definition given of a thing or of the act of thieveing in the way of Statute laws by the legislature is in the way of Common Law i-e Judgment law by a Judge or authoritative Law-writer power of classification applying to the above exercise of imperative power or exercised:
by the Judgment of a Judge declaring Titius a thief, power of aggregation: Note how different the effect according to the class thus out. Note how great yet how little apparent is the efficacy of power of classification and aggregation compared with d o. of imperation -
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Q. 9. Efficial ended - Through the earliest field of legislation not a substantive can be employed other than proper names - be it the name of a species of person or thing - < > or fictitious (as power right obligation be) but a receptacle is employed in respect of which power of classification and aggregation may be exercised and thence the effect of power it < > determined and modified: Give an instance of important effect produced by power of classification and aggregation applied
A. Take for instance d o. applied to Church Yards Before the reformation Clergy in England and Scotland had conquered about a third of the island. By the power applied to the species of things termed Church Yards they were proceeding with < > velocity, when they were stoped by other authority. By < > the land he coveted a Bishop &c. aggregated it to the species marked out by the word Church Yard and made it his own - Compared with this Williams conquest would have been a one -
Similar Items
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Title: [11 Jan y 1817 Necessity Cat.]Description: 11 Jan y 1817 Necessity Cat. 2 o 1. Theory § {2}. Forms of Government 2 who[?] is[?] not[?] prepared[?] measure[?] of the power is chanced[?] Class { 1 for and Nomination[?] to office[?] { 2 […?] - Judicial in […?] 1 Power of classification: Power imperative v exercisable {1. in […?] - is or {2. in classes: in which case, in[?] the need of classifying or aggregativeness[?] power[?]. 2. Physical power legalized: viz. 1. in […?] 2. in inversion[?]. Q. 2. The supreme power you speak of is supreme political power. What is political power? A. I can not answer you. No proper answer can be given to such a question. Political power is a species of power: but power itself is not a species of any thing. Q. 3. Well then to give to our conceptions the necessary of determinateness, give to the word whatsoever other mode of exposition it may be susceptible of. A. Well then - Power political power is a relative term: its correlative is subjection. Power on one part is constituted by subjection on the other: momentary power by momentary subjection: permanent power by the habit /habitual/ of subjection. Q.4. The idea of subjection seems a complex one: is it not so? if so, what are it elements? A. Obedience and submission or non-resistance. Idealism is the state of the active faculty on the part[?], of the subject party and supposed an act of command performed by the possessor of the power: if in so far as the act commanded consists in motion the command is positive and the obedience not only an act /itself the state/ of the active faculty, but itself active: in so far as the act commanded is not - i.e. abstinence from motion the command is negative and is termed a prohibition: and the obedience through the act of the active faculty is passive: in so far as the state of the subject party is non-resistant the powers may be termed immediately operative power or power operating upon the purely passive faculty.
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Title: [11 Jan y 1817 Necessity Cat.]Description: 11 Jan y 1817 Necessity Cat. 1. Theory § {2}. Forms of Government 3 Q. 5. And so there is no such thing as {supreme} political power on the one part - at least to any sufficiently extensive and useful[?] purpose, without active obedience, passive obedience and non-resistance on the other. A. No verily. { Q. 6. And so, in respect of one of these elements of subjection man stands upon no higher no other footing than so many stocks or stones. A. No: for such is the subjection manifested by a man, who without resistance he is to suffer himself to be flogged, put in irons, carried to a prison confined in a prison, {or hanged}} Omitt? Q. 6 What are you a disciple then of Sibthorpe and Mainwaring? an adherent /do you adhere/ to the decree of the University of Oxford? A. Not exactly so. What /The subjection/ they speak of, they speak of as /as opponent, but at the same time as morally/ fit and proper to be manifested: the subjection I speak of I speak of as not being optimal, but physically necessary to the existence of government: in so much that no government good or bad, can for a moment have existence without it. What /The subjection/ they speak of as their morally fit and proper, they speak of as having no proper limits: the subjection I speak of as necessary to the existence of ab[?] government is susceptible of whatsoever limits habit ever has or ever can set to it. /set to it./
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Title: [12 Jan y 1817 Necessity Cat.]Description: 12 Jan y 1817 Necessity Cat. 1. Theory § 3. Forms of Government 4 Q. 7. M r Bentham in his work on legislation civil and penal published from his papers by M r Dumont speaks of a branch of political power by the name of power of classification and aggregation? What say you to this power? what relation does it bear to the branches of power in relation to which we have just been settling our conceptions? A. The indication given of it was a necessary one. Take {up} for consideration the power of command: if in the suppose it /suppose the party to whom it is/ addressed to an individual agent only, or to any number of individual agents by their individual names, thereupon when the /in each instance designation is made of the/ agent, and of the individual act which it is desired he should perform or forbear performing, the expression given to the command is by the ruler in question compleated at the time. But if for the designation either of the agent or of the act, the name of a species be /is/ employed, the expression given to the command is not thus compleated at the time. Here then in so far as the either the faculty of giving a description of the species in the lump, or the faculty of determining from time to time what individuals shall be considered as belonging to that species is considered as belonging /appertaining/ to any person, that person possesses in relation to the subject matter in question a power of classification: he possesses thereby a share in the imperative power: and, without the other, either of these powers is not entire /integral/ but fractional only.
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