JB/034/160/001

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1823 Sept. 7
Constitutional Code

Weak indeed at the utmost, is the tendency of this
arrangement to call into exercise the reasoning faculty of
those on whom it operates. A contest it supposes and necessitates provides
for. But the this contest is – not a contest not between understanding
and understanding but between will and will.
Evidences and arguments are the instruments that apply
to the understanding; pain and pleasure, to the will.
Pain it applies. Of pain it does make application, and
that in the a form in which ultimate resistance to
it is without a precedent. The instrument is in that case
a complex compound instrument – an a compound composed of ingredients a
congeries of ingredients of which hunger is but one. by hunger
Of hunger taken separately the force is such that to escape from it homicide
followed by cannibalism is has been a notoriously
frequent practice: homicide including by the consent given to it
by the devoted victim, the character of suicide. It forms
part of the Common Law of floating communities. This
instrument the Judge puts into the hand of that man
whoever he be who when have his strength to close upon it holds out his hand to receive
it: and if several lay hold on it at once, the victory
is to him whose will is most vigorous or to him whose
stomach is least sensitive.

As to arguments nothing of this sort can be offered
but with by the concurrence of two persuasions opinions: one is – that if a
man's having for the purpose in store some one at least which has escaped
the sagacity or the industry of the Advocates on that side, as
also if rightly affected despised of the Judge: the other is, on the part
of those on the opposite side a disposition to in addition
to the faculty of feeling their its force added to the disposition
and eventual determination to probability of his being
engaged by it to engage on that side in the self-tormenting race of
contest patience, in a contest in which th reason has no share.

Identifier: | JB/034/160/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-09-07	Marginal Summary Numbering	98-101
Box	034	Main Headings	constitutional code
Folio number	160	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c10 / c7 / d33 / f33
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10434
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