038-035.xml

Title: [[xxxiv. 35] 1822 Jany 29 1822 Aug]

Description: [xxxiv. 35]

1822 Jany 29 1822 Aug. 6.

Codification Offer /Constitut Code/

Securities

5 Moral Counterforce

Public Opinion Tribunal

To free discussion all

adverse

Members Unapt

Development

Securities

5. Moral Counterforce

Public Opinion Tribunal

Evidence and Comments

Members Unapt

35 or 1. 206 Sinister interests are

1. Modifications (all) of Monarchical interest

2. Branches (all) of Aristocratical interest

Point to which they all tend - suppression of free political discussion.

36 or 2. 207 Characteristic and adequate │   │ of despotic power is impunity: viz. as to misdeeds which in possessors of the power, would be offences. etc.

37 or 3. 208 Compleat, impunity is as against moral as well as political sanction

38 or 4. 209 Opposed to impunity as against both sanctions is liberty of public political discussion:

1. by indication of misdeeds by them and theirs.

2. by comments on do.

3. by general expressions of disapprobation.

39 or 5. 210 Content that every man should enjoy unlicentious liberty is every man: licentious, no man. Licentious is whatever a man does not like to see enjoyed by others: viz. what in his view is repugnant to his own interest.

40 or 6. 211 Adverse to his interest in his view of it is every act by which limits are endeavoured to be set to the gratification of his appetite for power wealth and dignity: or to any opinion or taste of his.

41 or 7. 212 Of every member of the ruling and influential few it is the interest that no misdeed of his be disapproved, commented on, made known: therefore that all manifestation of such disapprobation etc be prevented.

Prevention compleat impossible, that all be in a form as weak as possible: he and his giving to every thing in his favour a form as strong as possible: he and his giving to every thing in │   │ a form as strong as possible.

JB_084_126.xml

Title: [[lxxxiv. 126] 1822 Jany 27]

Description: [lxxxiv. 126]

1822 Jany 27

Codification Offer

ulto?

?.5 Admission Universal

Members unapt

Sinister interests

adverse to people

The several modifications of the Monarchical interest, and the several branches of the Aristocratical interest: including Aristocracy of ”power•: and do of ”influence• ruling and influential few. all these are so many particular and sinister interests.

In one /To one common/ sinister point they all concurr /tend/: namely, in the endeavour to suppress throughout the field of politics the liberty of public discussion on political subjects in all its forms: particular that most efficient form the liberty of the press

Necessary to the possession of despotic /arbitrary/ power © necessarily included in the very idea of power is, /Of despotic power the characteristic is/ coextensive ”impunity•: impunity to the whole extent of the power whatsoever it be. Impunity in respect of all those acts /those misdeeds/ which, on the part of persons /a person/ not possessed of the power would be transgressions, offences, crimes.

Impunity to be entire and compleatly effective must be such with reference not only to punishment at the hands of the law /legislative/ and /and thus/ of the executive power,¼(¼a¼) but to punishment at the hands of the tribunal of public opinion¼(¼b¼)

The liberty of public political discussion is inconsistent /incompatible/ /adverse/ with impunity in the case of the persons in question in two /three/ ways: by the indication of misdeeds committed by them /on their part/: and persons acting under /subject to/ their influence 2. by comments on such misdeeds in so far as they are notorious: by general expressions having for their object or tendency, the pointing /directing/ the public displeasure towards such /the/ misdeeds and the misdoers

(a) The political, including the legal and administrative sanction:

(b) The popular or moral sanction.

JB_084_127.xml

Title: [[lxxxiv. 127] 1822 Jany 27]

Description: [lxxxiv. 127]

1822 Jany 27

Codification Offer

ulto?

?.5. Admission Universal

Members unapt

Sinister interest

adverse to people

Every man is content that every other shall enjoy all such liberty as is not licentiousness: no man is content that any others should enjoy any such liberty as is licentiousness. Licentiousness is all such liberty as a man does not like to see enjoyed by others:

Every man is content that every other /all others/ should enjoy all such liberty as in the view taken by him of his interest is not repugnant /adverse/ to his interest. No man is content that any others should enjoy any such liberty as in the view by him of his interest is repugnant /adverse/ to his interest: all such liberty is in his eyes and his mouth /discourse/ licentiousness.

According to the view which every man takes /taken by each man/ of his interest it is his interest not only that no act be done by which limits are set to his power and to the gratification of his appetite for the matter of wealth and for factitious dignity /reputation/, but that no opinions be manifested which are adverse to his opinion, nor any [...?] which are adverse to his [...?]

It is the interest of a /every/ member of the ruling and influential few that of no misdeeds of his be ever made known /information be possessed/: and that in regard to such as are known no disapprobation be manifested or entertained, nor any comments tending to produce such disapprobation divulgated or made. any such information disapprobation or comment will be licentiousness He will therefore under the name of repressing licentiousness do his utmost towards preventing the existence /the exclusion/ of all such information, mark /token/ of disapprobation, and disapprobation©invoking [?] comment. It will according be his endeavour so to order matters that if possible no such information shall be conveyed, no such disapprobation expressed, no such comments made

In so far as in his eyes that is not possible, that such information as can not be suppressed shall wear an appearance as little as possible unfavorable to him, such disapprobation as is expressed, expressed in the frame and manner least unfavourable to him, such comments as are made and divulgated, expressed in so far as they are unfavorable to him in a form and manner as weak and inefficient as possible.