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28 Feby 1813 1
Church
II Topic
Ch. 11 & 12 Responsibility
§.1. Abstract fitness
Part I. Explanations
1
§.1. Abstract fitness
Part I. Explanations
1
On resposibility depends
in a principal
degree, the performance
of his duties (a) p.1
Note (a)
2
Responsibility employable
in two senses — the
one in a burthensome
sense, the other in a
beneficial do p.1
3
In the burthensome
sense, a man is said
to be responsible when
he is exposed in a state
case of misconduct
to punishment from
the legal or popular
sanction. p.1.
4
A man may be said
to be a responsible
man (in the beneficial
sense) when by possession
of any object,
wealth for example,
he is capable of being
in case of misconduct,
rendered resposible
to a certain amount.
p.2
5
The burthensome
sense, the principleal
one, — under that,
comes to be considered
here, the responsibility
of the character
in question. p 2.
6
His responsibility
is as the probability
that in case of misconduct,
punishment
will ensue. p.2.
7
He who is exposed to
both sanctions, more
effectually responsible
than a person
exposed to one alone.
p.3
8
By legal tribunals
greater punishment
may be inflicted than
by the moral do. On legal
conviction, moral punishment
follows,
with or without the legal
do. p.3.
§.1. Abstract fitness
Part I. Explanations
9
Moreover, the moral
tribunal grounds
decision on less evidence
than legal
judicatories require,
less than they would
be warranted in
acting upon. p.4
10
Many transgressions
not cognizable by
legal judicatories are
taken cognizance of
by the moral do & considering
the lenity
and commensurateness
of it's punishments
with advantage
to society, especially
during the present
state of legal
procedure. That misconduct
which from
the vagueness of language,
is unfit for
legal cognizance, is
well fitted for popular
do — ex. gr. indolence
— indecorum —
negligence. p.4
11
Close judicatories
are legal judicatories
alone — or rather
instruments
the will of the will of
the Judge for the Judge's
influencer. p.5
12
In proportion to it's
publicity, a legal
court becomes a court
of public opinion
p.5.
13
1. By Polyhedria even
a legal tribunal becomes
in some degree
a tribunal of public
opinion viz. in proportion
to the No of
it's seats. p.5
14
2. By complexity of composition
also, publicity
is encreased. p.5.
§.1. Abstract fitness
Part I. Explanations
15
Responsibility commensurate
in extent
with the duties of
an office — Resposibility
follows the
exercise of power —
Thus it should be,
and in some degree
is, as, even under
despotisms, the moral
sanctions remains
in some force.
p.6.
16.
By many modes not
open to observation,
is responsibility
narrowed.
1. The nature of the
tribunal — where
the misconduct is so
indefinite as not to be
cognizable by a legal
tribunal, if without
this formality, it cannot
be subjected to
popular judgement,
it must go unpunished.
p.7
17
2. Delay, vexation,
and expence, attendant
on prosecution. Where
punishment cannot
ensue without a
prosecutor, all cases
remain unpunished
which bear not
sufficiently on one
man to make him
undertake the task.
Delay &c. create an
opposite interest.
p.7.
18
1. Admission into office.
2. removal from
do. 3. demand for
censure, less than
to warrant removal.
On these occasions, are
official persons exposed
to scrutiny. p.8
19
1. The judicatories, to
which Ministers are
subjected, Scoticé and
Anglicé on admission
seen supra. Ch Qualification. So in non-
established Church.
20
2. Removal from
office — a parallel
of the judicatories on
this occasion also
shewn. p.8.
21
Remains the demand
for censure, short of
removal from office
p.8
22
Correspondent responsibility
is the
sense of it. By responsibility
is meant a man's
real situation — By sense
of do his situation as it
appears to himself. p.9
23
In the same tribunal
power may be strong
as to bad purposes, weak
as to good. p.9
24
In this case it is naturally
so, in proportion
as it is exempt from
controul — or derived
from one that is free
from controul. p.9.
25.
In this case, a man
may be bound to fulfil
all purposes by
which the sinister interest
of the few are
served, — to yet be at liberty
to neglect the interests
of the subject
many. p.9.
☞ Add advantage of
non-established Churches
in this respect.
☞ For advantage of
Scotice over Anglice
in this respect see
Parallel.
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church of englandism |
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abstract fitness / explanations |
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marginal summary sheet |
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walter coulson |
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