[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.