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[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. 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. 263] 1822 July 9. Constitut]Description: [clx. 263] 1822 July 9. Constitut. Code Rationale Securities Factitious honor Expository matter? Probabilized by it what 5. That as his interests are in alliance with so his affections sympathize with the interests and affections of that portion of the community whose station is thus elevated: and that in so far as between the higher and the lower orders in consequence of such difference of interests and affections a difference of judgment naturally has place, his judgment will on each occasion, side with theirs, his judgment, and in consequence his conduct: in a word that in his character of member of the Public Opinion Tribunal, it is to the aristocratical Section of that judiciary that he belongs. But the interest, consequently the affection and judgment of the Monarch as such are hostile /adverse/ to the general interest of the community: so are those of the Aristocracy in all its modifications: not contributory but detrimental to the greatest happiness of the greatest number In relation to these several matters the evidence thus afforded is not conclusive evidence - it is capable of being rebutted and outweighed by other evidence: but in so far as it operates /has any/, such is the tendency of it: whatsoever be the degree of probability in relation to each point, such is the side on which it is situated.
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Title: [[clx. 406] 1822 July 12 Constitut]Description: [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.
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