125_174.xml

Title: [[Marginal summary sheet[?]] [Mainly]

Description: [Marginal summary sheet[?]]

[Mainly in copyist’s hand]

9 Jan y 1817

Necessity Cat

1 Theory

§. Forms of Government

§ Forms of government what.

1

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

2

Q 2 - Political power what? -

A. Unanswerable: political power is a species of < > Power is not a species of any thing -

3

Q 3. Give what < > it may be susceptible of -

A - Power is constituted by subjection: momentary by momentary: habitual by habitual -

4

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 -

5

Q.5. So no political power, without active obedience, passive obedience and non resistance -

A - No -

6

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

7

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[?].

8

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 -

9

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 -

125_267.xml

Title: [12 Jan y. 1817 Necessity Cat.]

Description: 12 Jan y. 1817

Necessity Cat.

1. Theory

§ 3. Forms of Government

5

Q. 8. An instance or two, if you please, of a practical effect produced by the exercise of this power,

A. Here you have /Take them then/ two together. A law gives to a {Judge} certain species of Judge the power and obligation of dealing so and so by a /every/ thief. The power of appointing all Judges of this description /species/ is suppose possessed and exercised by a Monarch: the power thus exercised is an example of the power of classification: before a Judge thus appointed, a man is produced, charged with being /having been/ a thief: the Judge upon hearing the case on both sides determines that the man is or is not a thief: here is another instance /example/ of the power of classification. In these two cases You see how different in its effects upon the party in relation to whom it is exercised is this species of power to which however in both cases the same denomination and that without any impropriety is attached: you see moreover that, without any thing of that appearance of vigour which shews itself upon the face of imperative power, its efficiency may be still greater.

Q. 9. Oh yes: great and that in proportion to the extent of the /genera/ common /or general/ denominations or[?] which are marked out and filled by it. And what I see moreover is that over /throughout/ the whole field of legislation correspondent to /along with/ /by the side of/ a branch of imperative power may run a branch of the power of classification: and that throughout that whole field as often as in the expression given to a law a name substantive occurrs that substantive being not a mere proper name but a common one - whether the object denominated be a real entity such as a person or a thing, or a mere fictitious entity such as a power, a right, or an obligation - in that common name we have a receptacle capable of affording a real lodgment to a branch of the power of classification. Could you without too much trouble help in to an instance in which an effect of considerable importance has been produced by so indirect an exercise of this indirect species of power as that which has for its object a subject matter belonging to the class of things?

125_264.xml

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.