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[clx. 406]
1822 July 12
Constitut. Code Rationale or Exposition?
Securities Counterforces
4. Legal responsibility
5. Moral do
Public Opinion Tribunal
Members who
Sections Democratical and
Aristocratical
?. Public Opinion Tribunal - Members who - Sections, Democratical and Aristocratical - their affections and opinions.
The Members of the Public Opinion Tribunal in a community are the members of that same community the whole number of them considered in respect of their capacity of taking cognizance of each others conduct, and sitting in judgment on it and causing their judgments in the several cases to be made known In the English House of Commons, in the formation of a Committee of the Members for this or that particular purpose an Order that now and then is seen to have place is that all who come to the Committee shall have voices. The Members of the Public Opinion Tribunal are to the members of the community at large what the Members of the House of Commons Committee thus formed are to the Members of the House.
This being the case, the Members of the Aristocratical Section of the Tribunal being as much Members of the community as those of the Democratical Section, can not but be Members of the Democratical Section likewise. They have every one of them a vote in it: and this vote not only has a force and effect not less than that of a Member of the Democratical section but a force and effect much greater, rising above it in a scale composed of numerous degrees of magnitude. Still however in proportion as the number of the Members of the Community in the habit of acting in this character encreased, the ratio of the number of /in/ this more extended section to the members in the more contracted Section would encrease - and thus the members of the Aristocratical Section being constantly in a minority the whole Section would be without influence. To preserve their influence they make common cause, secede from the democratical members, and act in a Section apart, forming as it were a House of Lords having an interest of its own different from distinct from and opposite to the interest of the remainder and acting constantly in pursuance of that particular and sinister interest.
Similar Items
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Title: [[clx. 384] 1822 Oct. 17 Constitut]Description: [clx. 384] 1822 Oct. 17 Constitut. Code Securities Public Opin Trib Sections 1 Interests Such being the nature and composition of the Aristocratical Section if such it must be called of the tribunal in question, the propriety of admitting it /its force/ in the character of a security against misrule lies open to /calls forth/ an obvious objection The sort of security which it is capable of affording against the evil here in question in what does it differ from the sort of security that in the case of a foreign war would be afforded by an army of the enemy /hostile power/ in the heart of the kingdom, and in possession of the chief fortresses? The persons for whom /whose happiness/ by the social principle the security is in demand, are by the supposition the greatest number. By the same supposition the persons composing this same Aristocratical Section of the tribunal of public opinion - the aristocratical section of this same tribunal if, of the tribunal /body/ in question they can with any propriety be considered as constituting a part are by the same supposition the /a/ minority, a minority of the whole number of the members of whom the community in question is composed. But according to that same principle if received good government requires that as against the majority, the power the influence of the minority should not on any occasion be ever productive of any effect.
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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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Title: [[clx. 279] 1822 July 18 Constitut]Description: [clx. 279] 1822 July 18 Constitut Code Rationale Factitious honor excluded 4. Evils produced by it 9. Evil 9. Evil by aggravation of inequality. Whether it be in the scale of power or in the scale of opulence, it has been elsewhere, that by every degree of distance from the point of equality the loss to the inferior in the account of happiness is greater than the profit to the superior. In the scale of power inequality to a certain degree, is, as has been observed above, matter of indispensable necessity: so likewise in the scale of opulence: in both these instances the evil is therefore compensated and over compensated by the good. In this case it stands altogether uncompensated. 10. Evil 10: Evil by addition to the antisocial force of the aristocratical section of the Public-Opinion Tribunal. It has been seen ? how the interest and influence of the aristocratical section of the Public Opinion Tribunal is at variance with that of the democratical: the small minority with that of the vast majority. ?Supra` Ch. Public-Opinion Tribunal its two Sections.
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