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[clx. 380]
1822 July 21
Constitut. Code Rationale
Aristocratical faction
The word /appellative/ faction is of the dyslogistic sort: it contains in it a note of disapprobation and condemnation. It therfore ought not to be employed without warning nor without justification. But of this justification one of the two necessary parts is already given: given by the indication of this /the abovementioned/ circumstance, namely that the Members to whom the appellation of Members of the Aristocracy is applicable compose on all occasions a minority of the whole number: and the justification is compleated, as soon as /after/ being announced it has been proved that of this small portion of the whole number the interest, and in consequence of the interest the judgment - the judgment declared and acted upon - is in a state of constant opposition with reference to that of the majority: especially when it is considered how large /vast/ that majority ever has been and can never fail to be
Take any actually constituted and organized tribunal /judicatory/ - and let it be admitted that on every occasion the judgment and practice of the great majority of the members is conformable to the duty of the whole and at the same time that the practice /judgment/ of the minority, it being moreover at all times a small one is in a state of constant opposition to the practice of that same great majority - and that this diversity and opposition had for its cause the operation of self-regarding interest in the breast of the small minority - this supposed, to whom is it that the appellation of a faction if applied to this same constantly small and self-interested minority would seem inapplicable
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Title: [[clx. 382] 1822 July 21 Constitut]Description: [clx. 382] 1822 July 21 Constitut Code Rationale Public Opinion Tribunal Aristocratical faction Where interests do not clash, it is as if there were no such faction: the democratic interest determines the case without opposition What remains to be shewn is - that the interest of this small number is in a state of constant opposition to that of the great number. If this be shewn much is shewn: For it is thereby shewn that the greatest happiness principle requires that on every occasion it should be prevented from being prevalent. More than this needs not to be shewn nor is ever shewn to justify whatsoever resistance is necessarily made also to foreign adversaries as to that class of domestic adversaries who are lumped together under the common appellation /stigmatized /designated/ by the common appellation/ of malefactors.
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Title: [[clx. 408] 1822 July 12 Constitut]Description: [clx. 408] 1822 July 12 Constitut Code Rationale Securities Counterforce 4 Legal responsibility 5 Moral responsibility It being manifest that as members of the same community an identity of interests as between the members of the one Section and those of the other can not but to a considerable extent have place the consequence is - that to the list of the points in which the interests and thence the affections and opinions and actions of the aristocratical section are opposite to each other, an Appendix naturally expected is a list of the points in which the identification or coincidence between the two interests has place. But of a work /an operation/ of this sort the use would not in practice be very considerable. Why? Because in so far as the coincidence has place the force and efficiency of the aristocratical section is included and merged in that of the democratical: and no conclusion applicable to practice is derived /results/ from the coincidence. Not so where the opposition has place: for in so far as it has place, an interest opposite to the interest of the majority is in operation - an interest by which in so far as it predominates the happiness of the majority is made a sacrifice the minority body is over the majority of the whole: the real /unquestionable/ happiness of the many is /unquestionably/ sacrificed to the questionably greater happiness of the few
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Title: [[clx. 379] 1822 July 21 Constitut]Description: [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
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