★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
May 1809 3 4
Elements of Packing Ch.3. Influence destroys check
§§.4. Deception modes
1.
Deception, little to be
said here corruption
being the instrument
chiefly employed in
packing: yet for deceiving
others a natural course
is to deceive oneself —
p16.
2.
Problem as to deception.
When Jury's conception
if compleat & correct
would produce a will
(thence a verdict) oppositt
to yours, required,
by means of incompleteness
or incorrectness to bring
it to coincidence. p.16
3.
Modes of producing it,
two — viz —
1. Causing them to have
a will viz yours.
2. — not to beget any
will, whereupon they
will adopt yours. p.17.
4.
The preventive mode
is best. The effect is
produced by wholesale
& once for all: no
fresh labour necessary
on each trial, as in
the other case. p.17
5.
Corruption is produced
at will, acted upon by
will, concurrence of
understanding is not
necessary: in deception
understanding must
be employed: whereupon
if the Jurors understanding
is not fit for
use to borrow one for
the occasion of the Judge,
who imbue his will
under the cover of it.
p.17.
6.
Over the understanding
of the situation of
Jurymen that of a
man in the situation
of Judge will naturally
have an influence:
which influence being
applicable to all purposes
is so to all bad
ones. p.18
§§.4. Deception modes
7.
Facienda by deception
is the giving to this influence
extra strength,
enabling it at the suggestion
of sinister influence
interest to act
in opposition to the
ends of justice. p.18
8
Shewn it has been
a Scotch Refm, the
opposition & the cause
of the opposition of the
interest of the Judge
throughout the field of
judicature to the ends
& interest of justice.
This not being avoidable
the whole of course of
procedure has been
a course of deception
successfully practiced,
upon suitors throughout
the cause, upon suitors
& Jury during the trial.
p.18
9.
Of the two modes of
deception the general,
consisting in the preventing
of people from
forming any adequate
conception of the subject,
& this forcing them
to adopt yours & along with it
yours will, is best
adapted to this purpose.
p.19
10
This general mode
has two branches —
1. The depressive or humiliative:
preventing
them from forming
any adequate conception
of the subject:
viz by rendering &
keeping it with relation
to them incomprehensible
and uncognoscible.
p.19
11 —
2. The self exaltation —
rasing their idea of
the adequateness of
your own conception
in relation to the
same subject. p.19
12.
Samples of official
causes of incomprehensibility
jargon, nonsense
absurdity, surplusage,
needless complication —
falshood.
§§.4. Deception modes
13.
Instruments of deception —
1. incorporeal (jargon
nonsense &c, as above)
2. corporeal — viz —
1. uprights elevating
the back above ql box.
2. official habiliments.
p.20.
14.
The habiliments may
be termed instruments
of fascination. Like the
figures of Jupiter &c
their effect is not less
upon the makers (Tayless
&c) than on others.
p.20
15.
But for the instruments
of fascination
inconceivable how the
incorporeal should have
been compatible with
the design of the self-exaltation
branch of
the act. p.21.
16
Incorporeal & corporeal,
they may be termed
(that savouring of personalty
more than realty)
hereditaments. p.21.
17
What is done by the
instruments of fascination
is done without exertion
on the part of
the wearer, and but
for their connection
with the incorporeal
instruments might
be applied to the purpose
of beneficial
instruction as well as
deception. p.21.
18
Of the above instruments
the deception
influence is much
the same with or
without permanence.
The other — viz cajolemt,
deriving its efficacy from
the virtue of all those
other instruments,
requires absolutely the
principle of permanency.
The influence is that of
sympathy friendship
(tho' of inequality) contracted
by a sort of
conviviality. By a kind
look, a look descending
from so high, a look oppressive
of mutual understanding
the bell weather is gained.
The compact formed, to
break it, viz — by unobsequiousness
would be not only
temerity, but perfidy. p.22.
|
Identifier: | JB/026/072/001 "JB/" can not be assigned to a declared number type with value 26.
|
|||
|---|---|---|---|
|
1809-05 |
1-18 |
||
|
026 |
elements of the art of packing |
||
|
072 |
elements of packing ch. 3 influence destroys check |
||
|
001 |
|||
|
marginal summary sheet |
1 |
||
|
recto |
d3 / f4 |
||
|
john herbert koe |
th 1806 |
||
|
andre morellet |
|||
|
1806 |
|||
|
8805 |
|||