date

[clx. 295] 1822 July 21 Constitut
[clx. 295]

1822 July 21

Constitut Code Rationale

Securities

6. Factit. honor. Exclusion of

extravasated

Where, for the waste made of reward in this /the/ shape /of factitious honour/ any thing in the shape of a justification is pleaded /adduced/ it is the remuneration, and by means of the remuneration, the production of extra-meritorious public service that is stated as the good produced by it. But, where the person /individual/ to whom the reward is given is a person other than him by whom the supposed service is supposed to have been performed, the plea such as it is, has /is/ mainifestly no /without/ application, and such is the case, in so far as the reward is in a state of extravasation

In the case of punishment, at the time when the extravasated part /portion/ /mass/ was instituted /added/, the addition had if not a sufficient justification, at any rate a partial one and at the worst a pretence: in the case of reward, reward in the shape here in question there is not so much as that pretence.

In the case of punishment, forfeiture being the punishment /made/, there was in the first place in the case of offences against government care /need/ of self preservation on the one part, need of disablement on the other part - disablement for the prevention /to prevent the commission/ of the like offences at the same hands: there was on the one part, as above need of self-preservation as above; on the other hand need of intimidation /deterrition/, as a further means of prevention should the other fail.

Thereupon what may here be said is this - whatsoever fear has for its object evil in the case of its borne immediately by himself a circumstance /source/ from which it can not fail to receive an addition is evil about to be eventually suffered by a party dear to him a party who is the object of his sympathetic affection in his breast. To the first consideration the answer is - that to that purpose temporary and conditional expropriation is sufficient, perpetual and absolute, needless and therefore excessive: to the other, that after a certain degree of propinquity the affection if it exists is too weak to be operative: and that without the help of this /so unappropriate an/ addition, punishment may be heaped up to such a degree as to be plainly excessive, and by its manifest excessiveness rendered uninflatable, and thence unoperative.

Go on to shew that these pleas do not apply to extravasated reward in general and in particular in this shape.
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    ?.5. Extravasated - its absurdities

    1. Factitious honor extravasated - its peculiar evils.

    1. In addition to peculiar wastefulness, do. absurdity.

    2. Admitting it to be well seated when primarily seated, by extravasation the honor is rendered mis-seated: thereby matching with mis seated punishment.

    3. Punishment and reward aptly seated when seated in the agent in question: unaptly-seated or say mis seated in so far as in any other.

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    2. Extravasated.

    6. Absurd justification of misseated punishment: viz. extravasated. Much naturally so is unavoidable: therefore add factitious.

    7. Inducements to the addition: 1 self-preservation: 2. rapacity, i.e. desire of depredation

    8. Further cause of the propensity - principle of blind imitation: subject of imitation to God. Habitual to God is such misseated punishment: therefore so should it be to man. Apply this to medical practice.

    9. Not irrelevant to reward is what is thus said of punishment. Waste of evil leads to waste of good: they belong to the same mind and the same form of Government: they spring from the same root: │   │ for those at whose expence it is made.

    10. Vicarious reward too palpably absurd to be any where exemplified (Quere?) Extravasated, not: applied to factitious honor in particular.

    11. Plea, if any, for factitious honor, extra meritorious service by the individual honored: in so far as the honor is extravasated, this plea is flagrantly false.

    12. Applied to punishment, the extravasated part had a pretence, and even a portion of sufficient justification - Not so, when applied to reward in this shape.

    13. Plea as applied to punishment, conduciveness of forfeiture to disablement and depredation.

    Replication. For disablement, temporary expropriation sufficient: for deterioration of aptly seated punishment more is applicable than can be applied without being so plainly excessive, that by being uninflictible, it is rendered inoperative.
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    Punishment in a vicarious state is as /no less/ alien to nature than it is repugnant to reason and general utility

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    The deficiency has however been amply compensated for by the amplitude of the field in which extravasated reward, with its waste and absurdity have been and continue to be exhibited.

    In the case of punishment, the substitution of a manifestly improper object to a supposed or pretended proper one was introduced by priestcraft. By vicarious punishment sin was said in Latin to be expiated to be expelled by piety: in English to be atoned for. A God or Gods was offended - but, roast meat being given to their priests, the priests were saturated, and the Gods satisfied. Offending and non-offending were in consequence all-at-one: at-one-ment was thus made.
  • Title: [[clx. 424] 1822 July 28 Constitut]
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    Power, considered in respect of the instrument by which it operates on the human mind and exercises itself is either power acting /operating/ by punishment whence fear of evil or power acting /operating/ by reward whence hope of good. Of reward or say remuneration the main instrument /shape/ is the matter of wealth: or for shortness putting as is not unusual the part for the whole, in one word money: by which must in this case be understood not only money but moneys worth in a word every thing that is to be had for money. Where /In so far as/ punishment is the instrument employed and /or/ trusted to, the word power is retained and employed: in so far as money is the instrument employed and trusted to, the word money or some equivalent of it is most commonly employed and note that by being taken away, the matter of punishment may be made matter of reward: witness pardons and /as likewise that/ by being taken away the matter of reward may be made matter of punishment: witness fines.

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