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1817 Dec 12
Not Paul
III. Doctrine
Ch. Asceticism
Physical abhorrence ends in abstention
/ abstinence/: moral goes on to
intolerance and prosecution.
So far from persecuting those who are disposed to take up with gratifications of an
inferior order, government ought to regard itself as obliged to them. Punish them: as
reasonably might you punish a man who in a time of scarcity in a blockaded town were
seen like a Chinese taking up with carrion for food, or searching for it on a
dunghill or in a common sewer.
Were the several distinguishable senses, and other faculties and the modes of
gratification, physical and psychological, of which they are respectively the
instruments, ever so much more numerous than they are, the same rules of limitation
might with equal and incontestable propriety serve for all of them: 1. the rule of
self-regarding prudence—2. the rule of probity including legal justice—and 3. the
rule of benevolence, which in so far as it is carried into
effect and practice is the rule of beneficence.
Of these rules a sample /sort of rudiment/ though not /howsoever scarcely/
sufficiency extensive /neither correct nor compleat/ may be seen in the rule of Roman
law— Sic utere tuo ut alienam non lædere: so use that which
belongs to thyself, that nothing which belongs to another may be hurt.
Define these rules—then proceed to say
By /In/ these rules the gratifications of that appetite on which the preservation of
the individual depends finds its proper limit: in these same rules so does that on
which the preservation of the species depends: in these same rules so does that on
which that desire which is produced by itching, and gratified by scratching where it
itches. No rational /tenable/ reason can be assigned why in any one of these cases
the desire of pleasure and immunity from pain should have any other limits /be
confined /[...?]// than those by which as above it is restrained /circumscribed/
/bounded/ in the two others.
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Title: [1818 Jan y 4 Not Paul 60]Description: 1818 Jan y 4 Not Paul 60 III Doctrine Ch Asceticism 11 § Inconsistency By the eulogy / pretious […?] of eulogy / bestowed / lavished / in the one case, by the vituperation poured forth in so flaming a torrent in the other can the nature of the thing itself be changed? And what if to the feeder on bran oil or carrion the turtle or the venison would be as bran oil or carrion to him by whom these costly viands are employed as / afford / food? to whom the matter of nourishment is afforded / administered / by these costly viands? In This paragraph perhaps marked as a note in pencil. the connubial union when in either party the capacity of contributing to procreation either never came into existence or is extinct, in what respect does the sexual intercourse in this case differ in its consequence from the like intercourse with a being of a different species or the same sex? it is not indeed in every case that the incapacity is matter of certainty: it is however in one case viz. where the female is past the age. Yet without objection even on the part of the most rigid ascetic, under this circumstance the union is not only continued but even commenced.
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Title: [27 Jan 1809 . View P 2 Paley? Reason]Description: 27 Jan 1809 . View P 2 Paley? Reason for English practice cases meet for capital punishment depend on circumstances impossible to be defined till after the offence has been committed "The better of which two methods (continues the Reverend Doctor) "has been long adopted in this country, where, of those "who receive sentence of death scarcely one in ten is executed Such is the statement germ of the practice: and worse, under the notice of an indication of the by which the conduct of the authors creators and preservers of this state of things may have been determined, comes a justification of it "And the preference of this to the former method (as if there "were no other) seems to be founded on the consideration, that "the selection of proper subjects for capital punishment principally "depends upon circumstances, about, however easy to perceive "in each particular case after the crime is committed, it "is impossible to enumerate or define beforehand; in to "ascertain however with that exactness which is requisite in legal description." "The propriety of inflicting mode of punishment he depends depending depends principally to upon circumstances which it is impossible to "enumerate or define beforehand! or at any rate at least to ascertain "with that exactness which is requisite in legal descriptions! This is as much as to say that it is impossible for the business of punishment to be carried or had by powers compleatly arbitrary. The circumstances in which the propriety of a lot of punishment which has been inflicted depends — impossible to enumerate or define beforehand! and yet there some circumstance easy to perceive after the crime has been is committed! A Nero or a Caligula, if it were an object with them to find a justification for their barbarities, would it be possible for them to dwell as or wish for a theory that should set them more compleatly at their ease? 3 By the help of this doctrine, which supposes that In the administration of penal law, it is necessary Judges should be invested with arbitrary power the atrocities of Nero & Caligula or any other atrocities may find their justification
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Title: [1818 Jan y 4 Not Paul 59]Description: 1818 Jan y 4 Not Paul 59 III Doctrine Ch Asceticism 10 § Inconsistency In and in relation to the connubial union in compliance with those rules of good breeding which the laws of decency and delicacy combine in prescribing / dictating /, and from which pleasure itself in its most exquisite form has so much to gain / is so great a degree to gain / when the motives which with reference to the […?] have acted as instruments / commencement of the union / and with reference to the continuance of it continue to act as cement[?] are in the course of common conversation[?] brought upon the carpet / become / constitute / the subject of consideration / contemplation //, the only one of which express mention is made are that sympathy which with purely social affection of the mind which with little difference is capable without any admixture of sensual appetite of having place between two persons of the same sex; this purely mental pleasure heightened perhaps by more or less of that perception[?] of ideal beauty which is not less capable of being afforded by a picture or a statue, together with a desire of the means of affording gratification to that sympathy of which the fruit / issue / of the body are the object, and the parental relation the cause. But when all these ostensible adjuncts / accidents / are respectively abstracted, adjuncts / accidents / to each of which it may alike happen to be in existence are abstracted, what remains but that appetite of which alone in the whole groupe of motives the existence is certain? and when thus gratified in the ordinary mode in what does it differ from itself when gratified in any eccentric mode? Marginal note at this point: ‘What difference, any more than between the appetite for nourishment when gratified / satisfied / by turtle or venison and the same appetite when bran oil or carrion and nothing better is employed in satisfying it.’ what difference is there between this appetite when gratified in the above ordinary mode and the same appetite when gratified in any eccentric mode?
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