[129b-505]

4 April 1817

Plan Cat

2 o Note (a) ?

Introd

§. Interests adverse

I. Look to interests

Good & bad motives

5

Well, and in point of principle on what grounds this species of justice justice shall it be called or anti-justice would it be administered? Even upon the grounds of this theory about good and bad motives: a theory /a sort of engine/ of which in the character of a engine of oppression /instrument of destruction/ a set of men upon /on/ taking possession of the power of the state possess themselves by the hands of such of them as belong to the law department, as of the stock of cannons and mortars by the hands of such of them as belong to the Ordnance department of the Ordnance.

Good motives the motives by which our high situations, we great characters are on every occasion actuated[?] and directed: bad motives the motives by which all who dare /the conduct of all who have the audacity/ to oppose us and endeavour to throw obstacles in the way of the good intentions which are the neverfailing fruit of such good motives is on every occasion directed. Such is the theory call it hope call it metaphysics: call it morals no matter what the name which on libel-law occasions is preached to Juries. Well and for their giving acceptance to this theory what is /are/ the condition requisite? Even that whosoever /in the instance of the man, be he who he may/ is found /seen to be/ in possession of the situation in question the situation by which in that shape as in any other political power is conferred conduct is never governed by that species of motive by which, only with here and there an exception produced by the congenial[?] influence of extraordinary personal character and extraordinary conjuncture[?], the conduct of all public men in every situation ever /on all past occasions/ has been, and on every future occasion will continue to be governed: that species of motive, but for the habitual predominance of which in every human breast that breathes, the whole of the human race would almost immediately become extinct.
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    Of this confusion and this delusion what is the consequence? Bad metaphysics? bad logic? bad theory? nothing more. Alas no: a great deal more: bad practice bad politics, bad judicature, bad practice. By Persecution, by oppression by injustice support given /perpetual given/ to misrule and tyranny.

    Good motives – the motives by which my conduct and the conduct of those who act with me is directed: bad motives the motives by which with few or no exceptions the deportment and discourse conduct of those by whom on every /each/ or any occasion my will my conduct my proceedings are opposed. At all times on all occasions such is the language of all parties When the party /it/ is out of power, the bad metaphysics the error in theory is in practice comparatively innoxious, is comparatively barren as to the generation of bad practice. But let /set/ /plant but/ the individual in question in any situation which is clothed with coercive or afflictive power then it is that from the loins of it[?] bad practice issues in abundance. In the seat of legislation it produces Reports manufactured without evidence and against evidence to form grounds for punishing and destroying men /the punishment and destruction of men/ without evidence: in the seat of judicature it produces for the support of corruption in the /in a/ seat stiled the bench of justice a pretence for transferring to the author of a just accusation the punishment which in so far as the word due can be applied to any such subject as punishment would if justice were the object be applied to the Judge by whom this theory about good and bad motives is applied to practice.
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    A principle of delusion by which it /the admission of it/ finds itself constantly opposed is the vulgar division of motives into good and bad motives: a species of logic under which the motive corresponding to self-regarding interest is stationed in and set at the head of the list of bad motives: as if with any sort of propriety, to a species of motive on the general predominance of which over all others put together the whole species is continually and universally and continually /essentially/ dependent for its existence could with any tolerable degree of propriety could without keeping the whole system of moral ideas in a state of perpetual confusion, any such epithet as bad could be kept attached.

    Bad, yes: in so far as productive of bad that is mischievous actions, and thence of the correspondent bad intentions so beyond all doubt may this species of motive. But so may be so continually is every other sort of motive whatsoever: so that /hence/ by no such consideration can the attaching to that species of motive the epithet bad be justified.
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    There are as many species /sorts/ of interest, as there are sorts of motives: there are as many sorts of motives, as there are distinguishable sorts of pains and pleasures.

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