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[clx. 375]
1822 July 22
Constitut. Code Exposition
Securities Counterforce
5. Moral Responsibility
Public Opinion Tribunal
Ch. or ?.│ │ Security the │ │. Counterforce the 2d. The popular or Moral Counterforce.
With the topic of moral responsibility others of prime /cardinal/ importance are inseparably connected: the force /the nature/ of the popular or moral sanction, the force of the Public-Opinion Tribunal, Trial by Jury the liberty of the press, the general liberty of discussion the admission or exclusion of factitious honor, or say factitious dignity, in all its several shapes
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Title: [[clx. 368] 1822 July 16 Constitut]Description: [clx. 368] 1822 July 16 Constitut. Code Rationale Securities Counterforce 5. Moral responsibility Public Opinion Tribunal Remuneratory power ?. Applications proposed of the remuneratory portion of the power of the Public Opinion Tribunal. As the Public Opinion Tribunal by the counterforce it applies to /with which by its punitive force /power/ it antagonizes with/ the powers of the government it /the Public Opinion Tribunal/ contributes to keep it in check and keep its course within the path marked out /indicated/ by the greatest happiness principle thereby operating as a security for appropriate moral aptitude on the conduct of rulers as such, so may it in no inconsiderable degree by its remuneratory power. Accordingly on several occasions, the use here proposed to be made of this instrument of benficial /good government/ will present themselves to view
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Title: [[clx. 344] 1822 July 11 Constitut]Description: [clx. 344] 1822 July 11 Constitut. Code Rationale Securities Counterforce 4 Legal responsibility 5. Moral responsibility Moral Responsibility Thus stands the matter in regard to legal responsibility responsibility to punishment at the hands of the possessors /administrators/ of the power of the legal sanction. Look now to moral responsibility - responsibility to the purpose of eventual exposure to the punitive power of the Public Opinion Tribunal, administrators /possessors/ of the force and influence of the popular or say moral sanction: the power that is to say /and in particular the power/ of the democratical sanction of that same invisible yet not the less efficiently /effectively/ operative tribunal: a tribunal like the Vehmic invisible; but, like that not the less operative. To responsibility /punishment/ to not altogether ineffective responsibility in this shape /punishment in a certain shape/, not only in representative democracy the possessors but even in an absolute Monarchy, the possessor of the supreme operative power are capable of being responsible /standing exposed/. In fact In this shape in this sense is /are/ the most compleatly absolute Monarchy the Monarch is always to a certain degree responsible, and feels himself so to be: though in some Monarchies at some times so faint /feeble/ has /such has been the feebleness of/ this responsibility been in the character of a counterforce to the powers of government in the highest grade, that the effect of it in respect of a cause of mitigation to the evils of misrule - of depredation and oppression - in experience has hardly been perceptible. has seldom in any determinate degree or shape been perceptible.
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Title: [[clx. 339] 1822 July 11 Constit]Description: [clx. 339] 1822 July 11 Constit. Code Rationale Securities 5. Moral Counterforce Public Opinion Tribunal ?. Expository Matter Fourth Security for Appropriate Moral Aptitude in Official Situations and in particular the all-commanding ones, the counterforce applied to the operation /force/ of sinister interest in those same situations, viz. Moral responsibility. Fifth Security, as above, Legal responsibility. The counterforces, thus distinguished - responsibility in its two modes require in the first place a joint coinsideration By moral responsibility understand here the result of subjection - effectual /effective/ subjection to the power of the popular or say moral sanction, as applied by the Democratical Section of the Public Opinion Tribunal By legal responsibility understand subjection - effectual /effective/ subjection to the power of the political including the legal sanction, as applied by the several legal Judicatories that have place under the Government in question By the term Public Opinion Tribunal understand a fictitious entity - a fictitious tribunal the existence of which is for the purpose of discourse, feigned by the help of analogy, feigned by /under the pressure of/ inevitable necessity for the purpose of discourse, to designate the imaginary tribunal or judiciary by which the punishments and rewards are applied of which the popular or moral sanction is composed. A Jury, supposing the members of it placed /located/ by chance a Jury exercising its functions in the manner of a Common Petty Jury under English Judicial Procedure may be considered /regarded/ as being a Committee of the Democratical Section of the Public Tribunal organized
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