JB/037/207/001

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1823. July 6
Constitut. Code.III Rationale
Ch. 5. Constitutive
§. [Universal dislocation – why]

If the views of the Legislator do not embrace comprehend corruption in
all its possible forms shapes, and in whatsoever manner produced, as well or better
might he have it untouched altogether: for, whatsoever be the forms
to which the his arrangements provision be made by him do not extend, to those
will it betake itself, and operate unopposed.

The two forms – the consequential and the antecedential are
apt to have place and operate together in the same case: indeed it does is not be often
that they are found separate. In a case so far as they are separate
that in which the remuneration is regarded as consequent to the corrupt service
rendered, the efficiency is obviously much more assured in its efficiency
as well as obviously most discernible. In this surest case
it is altogether by expectation that it is produced. From this
one circumstance flow several important results.

1. To produce the ef every bad effect of corruption no that there needs not
can be an act of any special corruption: and special person acting on the occasion in question in corruptor is necessary. There sits
a person that character who has good things in abundance in at his disposal
who in reality or in his our opinion has an interest in disposing
of them in a certain way namely in favour of all those such persons
as by their agency contribute to the accomplishment of the
certain end. The individual in question observes what passes
and acts accordingly. By his agency he makes his contribution
to that end: why because in consequence and consideration of the doing
so he expects to receive some good thing or other in the
character of a reward: Whether at any time at the hands of the person in question he actually
receives any such good thing, makes not to this purpose any
difference.

2. In a certain state of things To produce the effect of corruption no corruptor other than
the corrupted person himself is necessary. In virtue of a pre-established
state or order of things, the sinister effect sinister burthensome to the
community at large beneficial to himself, follows from an act
the performance of which lies not within his own competence.
Thus in the in the case of the war, which being commenced by the Monarch without any
antecedent declaration, had by the pre-established arrangement, established by
a decision of some Judge
having as to the matter
the effect of a law.
By his own authority and order
he commenced the case,
and it was thereupon the
business of his legal instruments, Judges and Advocates and so forth to convey the net amount of the depredation into the fund in which it waited his sign manual.

Identifier: | JB/037/207/001 "JB/" can not be assigned to a declared number type with value 37.
Date_1	1823-07-05	Marginal Summary Numbering	38-40
Box	037	Main Headings	constitutional code
Folio number	207	Info in main headings field	constitut. code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c9 / e9
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1822
Marginals	jeremy bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1822
Notes public		ID Number	11422
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