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1823 July 7
Constitut. Code
[Corruption] Here follows. Corruption analysed.
Definite Corruption has place where, by means of some benefit to
himself, a functionary is made to violate his trust.
1. On the occasion the following points things full to be considered: namely
1. The sinister effect produced: viz. mischief in some shape or other to the public service.
2. The nature of the benefit – call it say, consideration had of the effect the
sinister benefit received.
3. The person corrupted – say the corruptee.
4. The person hand by which the sinister benefit it immediate way or con is received: namely, the corruptees one or some other
say the receiving hand, and to whom accordingly a correspondent sinister-service is in that same way rendered.
4. The hand by which the benefit is applied: by
5. The corruptor, or say the corrupting hand, namely that of the
corruptor as himself or some other. which the sinister service is rendered.
7. The relative time at which the sinister benefit is received: relation
had to the time at which the sinister effect is produced: namely
consequent or antecedent or consequent.
7 6 8. The motive, by the operation of which in the mind of the individual
corrupted, the corruption the corruption and thence the sinister effect is produced.
5. Corruptor. The party benefited by the sinister effect.
6. Immediately corrupting hand. The hand by which the sinister benefit is administered applied.
2. 1. As to the sinister effect of the corruption. This, considered in its general
complexion is violation of the trust in question: of the trust,
correspondent to the power, with which in virtue of his office
the functionary on whom the corruption operates is invested,
or if it be the functions be no other than such by the exercise
of which no power is exercised, the duties attached to the situation
of the corruptee. This object here proposed being the prescribing keeping
as far as possible, excluded corruption wherever it is liable to
have entrance, or at any rate the keeping excluded as far as
possible the whatsoever evil effect it is pregnant with, the effect
must to this purpose be pronounced to be in every case evil: in what particular
shape will depend upon the particular nature of the function
attached to the particular office whatsoever it be, and the correspondent
truth or of which the violation is produced.
Identifier: | JB/037/220/001 "JB/" can not be assigned to a declared number type with value 37.
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1823-07-07 |
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037 |
constitutional code |
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constitut. code |
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jeremy bentham |
j whatman turkey mill 1822 |
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jonathan blenman |
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1822 |
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11435 |
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