date

1[clxiv. 246] PRIVATE 1820 July 26
1[clxiv. 246] PRIVATE

1820 July 26

Emancipation Spanish

Summary?

Corruptive influence Degrees

Quere whether to reverse the order of these degrees?

AA. Corruption - degrees of its efficiency. King Judges etc Self-corrupters.

Corruptive influence has place and effect, wherever and in so far as by means /instruments/ /force/ of the agreable and /or/ profitable class /kind/ /description/ a mans interest /of /he being/ a public functionary/ is, in an effective way in opposition to the universal interest - and thence /thus/ in opposition to his duty.

The value of the instrument of corruption being given It operates with different degrees of force according as for its efficiency it is less dependent on other co-operating causes /forces/, for its efficiency, and less exposed to the opposing action of counter-forces

1. The highest degree of efficiency is where without need of the existence of any individual regarded as desirous of giving to the conduct of the corruptly influenced person /functionary/ the sinister tendency the /direction, the corruptive/ benefit in consequence of an arrangement taken by the law itself drops into /finds its way into/ his pocket as it were of itself in proportion as by the line of conduct he takes on the occasion he sacrifices to that his private interest his own duty and the public interest. Examples

1. The /The situation of/ Judge who reaps a profit proportioned to /rising/ the expence, and thence to /with/ the delay and vexation to which in his judicatory the suitors are subjected

2. The situation of Judge - who, seeing his profit rising /encreasing/ thus with the misery of suitors /litigants/, and with the number of litigations, sees at the same time the number of litigants in his judicature encrease with the distress of the country and thence with the miseries war, and being at the same time a /an influential/ member of the legislative body in which war and peace, derives a mass of emolument rising in proportion to the amount of the misery which he is instrumental /contributory/ to the production of.
Similar Items
  • Title: [[clxiv. 247] 1820 July 26 Emancipation]
    Description: [clxiv. 247]

    1820 July 26

    Emancipation Spanish

    Summary?

    Corruptive influence degrees

    The absolute Monarch, universal interest requires his taking no more than necessary subsistence for himself: in Spain he took 1/ 4 of the Government expenditure

    2. The next highest degree of efficiency is where, the means of corruption being established /settled/ by legal arrangements as above, the sinister and corruptive benefit requires for its dropping into the lap of the person in question the existence of some public functionary or other person whose interest or whose will would /might/ be served by a breach of duty on his part, but not necessarily any act on the part of the person so existing directed to that end

    In this situation is placed every person who beholds in the
  • Title: [[clxiv. 220] 1820 July 6 Emancipation]
    Description: [clxiv. 220]

    1820 July 6

    Emancipation Spanish

    ?.8. Corruptive influence

    Corruption without corrupter

    1 War. 2. Denial of justice - delay vexation and expence

    Case the first. It is in virtue of a preestablished connection or harmony [...?] public mischief and private profit that interest is set in opposition to duty, and the sinister sacrifice accordingly made. /Case the first. The opposition that has place between the interest of the public functionaries in question and the universal interest, and thence and in so far between that private interest and their public duty, and by means of the predominance of that sinister interest over the only interest to which in this case the term legitimate interest can with propriety be applied has for its cause a preestablished harmony and connection between the public mischief on the one hand and the private profit on the other.

    The sinister sacrifice has for its cause a preestablished harmony or connection between the public mischief and the private profit: in so much that to give birth to the two effects thus conjoined and linked together no punishable offence, no misdeed dealt with by the law as such is on the part of any individual necessary./

    Example 1. War and its miseries[?] From the commencement or continuance of war, and thence of the vast and boundless mass of suffering produced by it, profit derived to public functionaries in a variety of high and influential situations.

    Example 2/5/. A vitious constitution or form of government: a form which sits in direct opposition to the universal interest, and thence in so far as they acknowledge themselves to have a duty, to their duty, the private interest of almost every individual who has any part /share/ in the supreme power, thereby securing on every occasion their concurrence in the sinister sacrifice

    Example 3/2/. Dominion over Distant dependencies. The practice of preserving and extending the dominion of the ruling functionaries over distant dependencies all over the surface of the globe: and this not only without profit to the subject many by diminution of the taxes, but with loss and suffering by encrease of taxes to a vast amount

    Example 4/3/. Maintenance of claims of dominion over the inhabitants and thence over the governments of foreign nations, on every occasion /instance/ on which they have occasion to pass over or on the sea - the common highway of all the inhabitants of the earth.
  • Title: [[clxiv. 230] 1820 July 6 Emancipation]
    Description: [clxiv. 230]

    1820 July 6

    Emancipation Spanish

    ?.8. Corruptive influence

    Ends and Means of Govt

    Sinister sacrifice

    U. Self-preference - measure of its force: in Monarch, greatest

    In so far as a mans interest fails of maintaining this coincidence with the universal interest, he will on almost all if not on all occasions be disposed to sacrifice to his own particular interest every other interest

    Quere proof from necessity to existence of the species?

    As in every other situation, so in that of a public functionary: of a public functionary whatsoever be his rank and whatsoever his denomination, this sacrifice he will not only be disposed to make but on every opportunity that seems /presents itself as/ favourable will actually make

    This sacrifice of public to private interest, of public duty to private interest may be stiled for shortness the sinister sacrifice.

    On the occasion of every public arrangement, as in every other situation, so in the situation of every public functionary of whatever class and whatever denomination, every man ought to be considered as disposed and prepared on every occasion to make to the utmost extent in his power this sinister sacrifice - to obtain at the expence of the suffering of others from loss or any other cause to any amount on the part of any number of other persons any the smallest enjoyment to himself from profit or any other cause.