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[clxiv. 105]
1820 June 24
Emancipation Spanish
? Corruptive influence
5. Mode of operation
Where should I look for the most worthless of mankind?
On board the Hulks (by description[?])?
No: but in the Lords (by d o)
5. As to the means by which, the mode in which, the instrument of corruptive influence, whichever it may be, operates: namely the relation between conduct pursued and benefit received or expected /looked for/: between the conduct pursued, by him by whom a share of the benefit is received or looked for, and his actual receipt of that same benefit.
In the case where an influence which in its effect or tendency is considered as corruptive, operates in such manner as in effect or tendency to be productive of evil /mischief/ in any shape - a result the production of which is implied in the import of the words corruption - corruptive - and thereby to be /become/ or to be likely to be /become/ productive of a misdeed in any shape, /any shape, from which misdeed profit in any shape can be shewn to accrue/, any one, any person who is considered as being by his conduct knowingly contributory to such mischief has been, or may be considered as a suborner in relation to the misdeed by which the mischief is so produced.
A person who in a /the/ case of perjury is considered as having caused or knowingly contributed to cause /to be committed/ a crime so denominated to be committed, is in the common language of /on/ the subject, in use to be called a suborner, and the misdeed which he committs by his being so is committed, is stiled /termed/ an act of subornation.
Similar Items
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Title: [[clxiv. 106] 1820 June 24 Emancipation]Description: [clxiv. 106] 1820 June 24 Emancipation Spanish ? Corruptive influence 5. Mode of operation The /These/ terms suborner and subornation have not with equal frequency been applied to misdeed in any other shape, to misdeeds bearing any other denomination with so much frequency as to misdeed in the shape of perjury: misdeeds in the shape of perjuries. But whether it for the purpose of prevention and thence of exposure, there is a no less uncontrovertible demand for it in the case of misdeed in any other shape than in the case of misdeed in this shape. Indeed if there be misdeeds the mischief /evil/ of which is greater than the mischief /evil/ from perjury, in the instance /several cases/ of all these several misdeeds the demand for it is greater than in the case of perjury: and the greater the evil the mischief, the more imperative the demand. As to the sort of misdeed here in question, whatsoever may be its particular nature and effect in particular situations, it comes under /it may be expressed by/ the general denomination of a breach of trust. The sort of trust here /on this occasion/ considered as liable to be broken is a public trust: a trust in the case of which the trustee is, as above, a person possessing some /a/ share more or less considerable in the mass of power of the aggregate of which the power of government is composed; and the persons for whom he is in trust, the whole body of the people, composed of all the members of the community in question, ruling few and subject many together, are the persons for whom he is in trust.
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Title: [[clxiv. 114] PRIVATE 1820 June 24]Description: [clxiv. 114] PRIVATE 1820 June 24 Emancipation Spanish ? Corruptive influence 5. Mode of operation In a certain sort situation /In certain situations/ subornation may with equally indisputable propriety be considered as having been committed by a man without his having taken in either of the two ways justmentioned a part that can with propriety be termed active. Of the number of these situations is every political situation in which a chance - more or less probable /considerable/ of being able whether by his sole exertions or by those in conjunction with the exertions of other persons to prevent the misdeed from being committed, and so /or/ the evil from being produced, is in his power Correspondent to every species of positive misdeed, whether a political transgression /misdeed/ in the political sense or only in the moral sense, is or may be a negative misdeed or transgression. The observation covers not only the whole field penal law but the whole field of morals, and may be seen brought to view and more or less developed for the first time by Bentham in the context of those works of his which have been published by Dumont. (Anglice misprision of treason the only instance Whether it be in the active or only in the passive way, a man may either on the occasion in question be /have been/ a sole suborner - a singly adequate suborner, or a suborner who is no otherwise adequately so than in concurrence with associates in power - a singly inadequate suborner. In this latter case, what may or may not have been in the power of the individual in question is - to prevent the profit the temptation from presenting itself - to prevent the profit the mass of the matter of good in question from coming within the reach of the author of or contributor to the misdeed with its evil in the event of the misdeed's being committed: but what can not but have been in his power is the using /employing/ of his endeavours with sincerity towards the production of that desirable result.
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Title: [[clxiv. 108] 1820 June 24 Emancipation]Description: [clxiv. 108] 1820 June 24 Emancipation Spanish ? Corruptive influence 5 Mode of operation Corruptive influence operating by subornation supposes profit - the matter of good in some shape or other to belong to /have /bear a/ part in/ the case: to have place either in possession or in expectancy; and whether in possession or in expectancy, capable of being left in possession or taken away; if in expectancy, caused or suffered to come into possession, or prevented from so doing so. On the occasion of /In respect of/ the application of corruptive influence, in respect /on the occasion/ of subornation, the part taken by the suborner may be 1. an active one /part/ or a passive one /part/. It may be active in either of two ways /modes/: 1. either simply active namely by taking advantage of the /a/ connection already established between the profit of the misdeed on the one part and the commission of that same misdeed on the other and thus /thereupon/ producing the misdeed; or doubly active, namely by not only taking advantage and producing the misdeed as above, but for the express purpose of such production, giving birth to /creating/ the profit itself.
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