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[clx. 379]
1822 July 21
Constitut. Code Rationale
Securities
5. Moral Counterforce
Public Opinion Tribunal
Aristocratical faction
?. Aristocratical Faction by which the tutelary force of the Public Opinion Tribunal is weakened and misapplied
or
Sections into which the Public Opinion Tribunal is divided
or
Sections of the Public Opinion Tribunal - the Democratical and the Aristocratical
Before any thing further is said of the power and usefulness of the Public Opinion Tribunal in the character of a Judicatory applying the power of the popular or moral sanction in the character of a counterforce to the action of sinister interest in the breasts of those at whose /who have at their/ disposal is placed the force of the political including the legal sanction, to prevent misconception an operation necessary to obviate misconception is the bringing into a notice a sort of faction which in this judicatory never has failed, nor in the nature of man /the case/ ever can altogether fail to have place. This faction is that which may be called the Aristocratical faction.
The Members of which it is composed are as the name imports the Members of what is called the Aristocracy: of the Aristocracy of what materials so ever composed: by what signs /marks/ so ever these Members may be found distinguishable from the rest.
Taken in the aggregate By one common and essential mark they may be distinguished in the first instance /at first glance/, and that is - the smallness of this aggregate when compared with that of the great body from which they are distinguished: and from this simple mark simple as it is follow consequences of the most comprehensive and decisive quality in /importance with a view/ practice
Similar Items
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Title: [[clx. 375] 1822 July 22 Constitut]Description: [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. 381] 1822 July 21 Constitut]Description: [clx. 381] 1822 July 21 Constitut Code Rationale Public Opinion Aristocratical faction In the case of the Public-Opinion Tribunal duty and interest can never fail to coincide: the line of action /practice/ pointed out by duty can never fail to coincide with the line of practice pointed out by interest. It is the interest of the greatest number that the greatest happiness of the greatest number be on every occasion the object taken by the government as its end in view - the end to the fulfilment of which its practice shall /is/ on every occasion be directed. Such is the interest of the greatest number: and as to the word duty if on this occasion there be any use in the employing of it, scarce will any man venture to say of the same greatest number that their duty is in any respect opposite or different. At the time when this distinction first presented itself an idea which at the same time presented itself in the character of a necessary consequence was that of a Judicatory divided into two Sections: two Sections equally legitimate as in the case of the French Parliaments if divided, each of them under the qoundam regimes into several Chambers one of them distinguished by the name /title/ of Grand: and as in the case of the Supreme Judicatory of Scotland divided by an arrangement of recent date divided into two Chambers both sitting at the same time. To one of these supposed Sections was thereupon attached the appellation of the Democratical Section, to the other that of the Aristocratical Section: and at the same time such was the force of habit and prejudice, the Aristocratical was that to which in the order of designation was given the precedence. On a closer consideration the observation was made the idea /conception/ suggested by this nomenclature was found /seen/ to be deceptious and delusive. For in the conception thus suggested was included that of an equality of regard as being due to the aristocratical as compared with the democratical: a conception which on the supposition of an oppositeness in the interest of the few to the interest of the many could /can/ not be reconcileable to truth
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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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