JB/037/133/001

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1823. May 3
Constitut. Code

Here then is one function of government which every one of the acts by the exercise of which
government is exercised in every community, every member – physically speaking, capable
of executing: In the exercise of this To this function goes the name
of the constitutive function. For⊞ ⊞ where the constitutive function has place it is by the exercise of this function
those to by whom respectively the several other functions of government
are exercised – those who in relation to the exercise of the
particular function are in respect of the other function of government Agents
and Trustees are constituted such.

When from this an original and fundamental function
of government the question passes to any other of the functions
of government, the fixing the choice of the same person man
for the exercise of it in those cases respectively as in this
will present an absurdity no less palpable than the above.
Every man shall ought to be his own sole law giver if not legislator. Every man
shall be ought to be the sole only person employed in the giving execution
and effect to the laws by which all are governed his own laws. Every man shall ought to be
his own sole Judge the sole judge of all. Every man ought to be the sole commander
of his own army the army employed in the defence of all: every many ought to be the sole
commander of the Navy employed in the defence of all.

All those being of the number of those functions of government
in a political community, which it is not possible for
every man to exercise at all in any way it is not possible for any
man to exercise to his own advantage.

Remains then for consideration in what manner those
to whom in whose hands it is right, until preponderant reason
be given to the contrary, that the constitutive function with relation
to all the several other functions of government should be exercised,
shall be chosen by the persons in whom that same constitutive
ought to be, on the supposition that they actually are: and in
what manner those
same other functions
may with the greatest
probability of the greatest
degree of conduciveness
with relation to the sole
proper end be parcelled out.

Identifier: | JB/037/133/001 "JB/" can not be assigned to a declared number type with value 37.
Date_1	1823-05-03	Marginal Summary Numbering	12-16
Box	037	Main Headings	constitutional code
Folio number	133	Info in main headings field	constitut. code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c4
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	11348
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