date

[clx. 430] 1822 July 29 Constitut
[clx. 430]

1822 July 29

Constitut Code

One advantage in beginning with power on the occasion of the minimization process - one reason for proceeding in this order may now be visible; the less the power you have to contend with, the more are you at ease /the greater your facility/ in such application as you have to make to the will Thus, as above: if the possessor of the power is at all events to keep his hold of it so long as he lives, or even so long as he remains legally unconvicted of a specific misdeed, the difficulty of dealing with him may be unsurmountable and by a mass of power small in extent as well as intensity, mischief /evil/ to an almost indefinite amount may be produced: for by /by means/ this mass /were it only that to one lot/ of power thus fortified /entrenched/ as in a stronghold, other indefinite in number and value may be added by him On the other hand when it is the dimension of its duration that the defalcation /knife/ is applied, no power so ample in its other two dimensions but may be conferred with comparative safety. Witness in the Roman Commonwealth the Dictatorship: a power which with exception of what was thus defalcated from it was absolute Monarchy.
Similar Items
  • Title: [[clx. 423] 1822 July 28 Constitut]
    Description: [clx. 423]

    1822 July 28

    Constitut. Code

    Of the two necessarily conjunct faculties take in hand first the power: leaving the power to do good, take away, or if that can not be done, minimze the power to do ill /evil/.

    Into the composition of all power enter three elements: or if the /this other/ analogy be preferred say three dimensions: intensity, extent, duration. The /Its/ intensity of it has for its measure the magnitude of the effect produced by the exercise of it within the extent taken /assumed/ by it: the extent, has for its measure in so far as it has persons for its subjects, the number of these same persons, in so far as it has things, their number and respective values: as to its duration, it has in this case the same measure as in all other cases

    In the highest rank of power To the intensity of the power it will be seen no limits can easily if at all be assigned without taking away along with the power to do evil, the power to do good and thus leaving evil unopposed: to the extent, still less: to the duration, with the utmost ease as well as perfect safety: witness in a word the Anglo American United States

    In any rank but the highest limits may be set to it in any of these its dimensions without any the smallest /slightest/ difficulty.
  • Title: [[clx. 350] 1822 July 14 Constitut]
    Description: [clx. 350]

    1822 July 14

    Constitut. Code Rationale

    Securities Counterforce

    4 Legal responsibility

    5 Moral responsibility

    Evidence etc its necessity?

    The power /efficiency/ of the popular or moral sanction with its Public-Opinion Tribunal can not be strengthened, but the efficiency of the law in so far as its force is employed in augmentation of the happiness of the people is also strengthened. In so far as misdeed, which by reason of its detrimental effect on happiness is vicious, and thereby exposes the agent to punishment at the hands of the Public-Opinion Tribunal is moreover criminal - an act of delinquency against the law exposing the agent to punishment at the hands of the law, every channel through which defamation as above may be divulgated is a channel through which in so far as the defamation takes this turn, strength and efficiency is given to the law. Through these channels men who in themselves are, and would otherwise remain, helpless, receive help, and abatement of their sufferings: injuries and sufferings which would otherwise swell to an indefinite bulk, /a boundless magnitude, and rendered altogether remediless/ are met by complaint, and kept within bounds: through this channel men who by their own indigence and the rapacity of lawyers are rendered destitute /deprived/ of all help at the hands of the legal sanction with its tribunals /judicatories/ find a limit and thence a mitigation to their sufferings For suppose the act in question to be of the number of those to which punishment is /stands/ attached as well by /at/ the hands /power/ of the legal sanction as at the hands of the popular or moral sanction, as well at the hands of the legal judicatories as at the hands of the Public-Opinion: this being the case, to give intimation of it to the members of the community at large in their capacity of members of the Public-Opinion Tribunal is to give indication by the help /light/ of which not only witnesses, but prosecutors at the bar of the competent legal tribunal, may be brought into action, and the further investigation of whatsoever relevant facts would otherwise remain in darkness promoted /produced/: that which to the uncorrupted free and ever open Public Opinion Tribunal is evidence to the purpose of conviction in an immediate way, being to the legal tribunal, evidence to the purpose of investigation for the obtainment of ulterior evidence, such as suffices in the first place for a ground to accusation, and in the next place for the obtainment of such evidence as shall suffice for conviction and punishment.
  • Title: [[xxxiv. 102] 1822 Aug. 17.]
    Description: [xxxiv. 102]

    1822 Aug. 17.

    Constitut. Code

    So, malefactors

    To this same denomination - viz. bringing the less principal individual interest into

    accordance with the more principal universal interest is referable whatsoever in private

    trusts is done in the view of securing probity on the part of trustees

    So likewise whatsoever is done for the purpose of minimizing the evil produced by the

    misdeeds of those against whom under the general denomination of malefactors or say

    criminals the force of punishment under this name of punishment is applied by that

    branch of the aggregate mass of law which is distinguished by the name of penal law.

    Were it not for the punishment, the particular and sinister interest correspondent to

    and created by the appetite whatsoever it be in which the misdeed had its source, would

    stand unopposed, and produce action /conduct/ opposite in the way in question to the

    universal interest. Comes the legislator with his punishment /penal law/ - punishment

    being attached to the misdeed, the sinister interest - interest finds itself thereupon

    encountered and opposed by another interest, operating in a direction favorable or at

    least supposed to be favorable to the universal interest - to the universally right and

    proper interest. If, at the moment of decision, in the eyes of the individual in

    question, in all dimensions or elements of value taken together - namely intensity,

    duration, propinquity, certainty, purity and fecundity the value of the mass of looked

    for pleasure or what is equivalent security against pain which constitutes the

    temptation, is greater than the value of the punishment opposed to it, by the penal

    sanction added to the force of the other sanctions, the misdeed is committed

    notwithstanding, if not so great the particular and sinister interest is overpowered and

    rendered inefficient by the united force of the sanctions, and conduct is determined by

    that interest which is in accordance with the universal interest, as above.