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[clx. 255]
1822 July 9
Constitut. Code Rationale
Securities
Factitious honor
?. Expository matter
? Proof of merit fallacious
To /With/ the word merit if any clear idea is attached to it is attached /stands associated/ the idea of service: for by him to whom merit is ascribed, suppose no service rendered or endeavoured to be rendered to any body, the idea of merit evaporates and leaves the word in a state of non-significance.
/Moreover/ If then in virtue of /according to the intimation given by/ the dignity conferred on /ascribed to/ him and the claim /alledged title/ to respect given to him, he has rendered service to any body it must have been service of the meritorious kind: service by the rendering of which the existence of merit has been displayed
This /Moreover this/ service must have had something extraordinary in it - in its nature: something whereby it stands distinguished from ordinary service from service in those shapes in which it is customarily rendered by every body to every body by every dealer for example to his customer by every customer to his dealer - by every seller to his purchaser, by every purchaser to his seller.
As in the case of service so in the case of respect the value /worth/ of it if it has any must consist either of a certainty (as in case of a past event /where the event is past/) or of a probability of pleasure in some shape or other experienced or pain in some shape or other escaped from /averted/ and not experienced.
Laying all together - the intimation given /conveyed/ by the /an/ act by which a title of honor is conferred is - that the individual on whom it is conferred has in some determinate shape or other rendered to some individual or individuals or to the whole community together, service of a meritorious and in some way or other [...?] of an extraordinary cast /kind/, and has thereby shewn /proved/ himself to be possessed of dignity - i.e. by such service to have given himself a title to receive at the hands members of the community in question at large in general, tokens of respect, of the existence of the sentiment of respect in relation to him in their minds in relation to him, as if in payment or part payment of such service.
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Title: [[xxxviii. 69] 1822 July 10.]Description: [xxxviii. 69] 1822 July 10. Constitut Code Rationale Factitious honor ?.1. Expository matter ??.1. Nature and modifications. 8 or 1. Characters in which a title of honor operates. 1. Order for respect: as such is a title to respect: i.e. to the external tokens of it: order for money is on one individual: for respect, on all. 9. or 2. Exercise of dominion on the many - in almost all. Instrument of dominion not coercion, not intimidation, but delusion. Evil thence not so great: yet still too great. 10. or 3. 2. Certificate of good desert, alias merit: import indeterminate; this the course of choice: Fact attested existence of this quality in the subject. 11. or 4. Effect produced, causing to be ascribed to him dignity: i.e. worthiness: viz. of receiving respect or tokens of it: means employed, opinion expressed by the conferring functionary that this benefit has been deserved by him - on whom conferred: deserved i.e. by service rendered by him: quere to whom? Of service, if real, the result must be pleasure or exemption from pain, actual or probable. 12. or 5. So, merited. Take away service, thence pleasure and pain, merit evaporates. 13. or 6. To be meritorious, such service must have had in it something extraordinary. Of services the most useful are such as have no merit. Thus self-feeding, and sale and purchase of food. 14. or 7. Respect - its value, if any, must consist in a certainty or probability of benefits in a more determinate shape.
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Title: [[clx. 260] 1822 July 9 Constitut]Description: [clx. 260] 1822 July 9 Constitut. Code Rationale Securities Factitious honor ? Expository matter? ? Proof of merit fallacious ?.4 Why as a testimony of meritorious service it is essentially unapt and fallacious Answer. Reasons It is given without /any published/ proof published of the particular nature of the meritorious service if any that is supposed to have been rendered, without any published proof of the fact of his /the mans/ having rendered any such meritorious service It is given for aught that appears without any proof received by him by whom the honor is conferred of service in that or any shape as having been rendered in that or any shape to any one by him on whom it is conferred. In a word the act by which it is conferred, is /an act/ essentially an arbitrary act. It is with relation to reward that is to say, to the good done /that is done/, that which in relation to evil punishment would be /is/ in so far as inflicted without trial - without judicial enquiry as to the ground of it formed by the conduct of him to whom it is applied The consequence is - that by every such honor so conferred, injustice is done: done not indeed to the individual to whom the reward is applied as in the case of punishment to the individual to whom the punishment is applied, - not to him indeed but to others: namely to those at whose expence it is applied. See further on.
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Title: [[clx. 275] 1822 July 5 Constitut]Description: [clx. 275] 1822 July 5 Constitut Code Factitious Honor ?4 Evils produced by it 3. Every honor that has been conferred on any man in whose instance it is not clear that extraordinary service to the public has in any shape is conferred in a more particular manner at the expence of all those by whom extraordinary service to the public has really been rendered: it is felt by them as an injury. It has always for its tendency, and to an unmeasureable extent for its effect, the preventing men in general from taking on themselves any extraordinary burthen for the purpose of rendering to the public in any shape extraordinary service. Evil 3. Burthen to the meritorious unhonored. By Honor by publication /Publication/ of service secures to every extraordinarily meritorious individual, for service past and thence for services to come, the exact portion of honor which in a comparative as well as absolute point of view is most apt with relation to the service. No injury does it to any men: to men in any number it may produce uneasiness: but in no instance can the uneasiness be productive of, or accompanied by, any such sensation as the sensation /conception/ of injustice - of injustice done to any one by him by whom the title to the honour has been adjudged
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