037_020.xml

Title: [1821. April 7. First Lines]

Description: 1821. April 7.

First Lines

Explanations

Civil Law.

The objects secured against are all of them comprisable under the name of a single fictitious entity - evil: but for every practical purpose one or other of the several sources from whence evil is considered as apt to flow require to be brought to view by apposite denominations. These may be afforded by one or other of two epithets annexed to the word evil: viz. the words purely physical and the word moral. By purely physical evil may be /is meant to be/ designated evil which has /having/ its /resulting from every/ source in operations cause in the operation of which human design /mind/ is not considered as taking any active part: by moral evil, evil in the production of which the human mind takes a part more or less active. In the different situations in which the persons in whose operations moral evil has its source, are capable of occupying with relation to those to whom the security is afforded, we have another /an ulterior/ source of division, and that a perfectly manifest and practical one. Be they who they may, considered as being persons from whose operations evil is liable to flow, and thence as persons against whose aggression the /security for the several/ members of the community is required, they may, with indisputable propriety, be designated by the term adversaries.

As to such internal adversaries

Evils considered in particular, and as being so many results of operations performed by /the operations of/ Adversaries, are termed injuries.

Internal Adversaries, when so far as the security afforded against injuries of which their agency is the immediate source is afforded by the operations of penal law are termed offenders, delinquents, criminals, malefactors: in so far as no such security is afforded by those same operations they are comprisable under the appellation of evil rulers.

037_007.xml

Title: [1821 April 3 First Lines 1]

Description: 1821 April 3

First Lines

1. Civil

Security

The sources of danger are operations or agencies

Operations from whence danger may arise are either of things or of persons

Persons considered in respect of any evil which their agency is the source, are termed adversaries

Of adversaries the situation is either with reference to that of the members of the community in question either external or internal

External adversaries are termed enemies foreign enemies they may be termed Adversaries from without /Of/ Internal adversaries may be either in the situation /the situation may be either that/ of subjects, or in that /that/ of rulers. In both cases they are Adversaries from within

Adversaries in the situation of subjects are /may be termed/ adversaries on a level. namely with the class of persons whose security is in view. They are termed malefactors, criminals, and with reference to any laws that may be made for the purpose of affording security against their operations as such - offenders, delinquents, transgressors

Adversaries whose situation is that of rulers, may be termed Adversaries from above.

The branch of law by which Security in so far as provided against malefactors, is provided is the penal branch. The Code by which it is provided is the Penal Code.

The branch of law by which security, in so far as provided against Adversaries from without is provided, is the Constitutional branch. The instruments of this security constitute the Military Force

JB_172_214.xml

Title: [1822 March 25 Rid Yourselves]

Description: 1822 March 25

Rid Yourselves

Note?

Part 1

Letter 2. Interests

and in the subjection of the power being in the instance of real possession supposed

the same in this supposition the quantity of uneasiness will be greater and greater

in proportion as the numbers of those under subjection to the power is great when

compared with the number of them by whom the correspondent power is possessed. Hence

it is that the greatest happiness of the greatest number requires that the quantity

of power exercised /possessed/ to the least quantity that can have place consistently

with the fulfilment of the end of government. As to misdeeds, the agents /misdoers/

at whose hands damage to those several possessions or mass to be apprehended, are the

possessions of the several parties of the aggregate /power possessors/ mass of the

power exercised by the functionaries of government by these functionaries among who

the powers of government are shared: the facility of producing damage as above [...?]

on the part those ordinary misdoers who by the sharers in the power of government are

stiled malefactors and criminals as nothing compared with

the quantity of their faculties possessed by the functionaries of government.

Security to be entire must therefore be not only against foreign /damage from/

misdoers and against damage from ordinary and powerless internal misdoers but against

damage from public functionaries acting in /as/ the character of misdoers. To afford this security is the characteristic object professed to

be aimed at by the Constitutional Code. As to equality in respect of the above

several possessors that which causes in so far as obtainable without [...?] to

security causes it to be required by the greatest happiness of the greatest number is

- that in so far as inequality has place, the enjoyment /good/ obtained by him who

has most is less than the evil suffered by him who has least: and the difference is

so great, that if one man had for example a million of times the quantity quantity of

the external instruments of felicity that another man has it might still be a

question whether the felicity of the one were so much as [...?] so great as that of

the other Absolute equality however would neither be consistent with the greatest

happiness of the greatest number, as with security on the part of the greatest

number, nor yet with physical possibility: who in respect of the greatest happiness

of the greatest number equality is spoken of as a state of things desirable, which is

to be understood as such one approach to absolute equality as is consistent with

security: and for the designation of this degree, the term practical equality may serve.