JB/037/222/001

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1823 July 7
Constitut. Code

To this head case belongs the case of pardons the exercise of mercy.
Wherever you see pardons numerous, say – there is tyranny. Only
under a tyranny can a functionary in any department or any grade
possess any Mercy In a functionary mercy is the momentary suspension non-exercise
of the habitual practice of cruelty and tyranny. To say of such a man he is
merciful is to say of him – He is habitually cruel, but there are
moments at which he is less so than at others.

Thus it is that by punishment – by extortion by oppression
by punishment in excess – by misrule in every shape accessions to an immeasurable amount are made to the corruption
fund. The great the suffering he has caused, the greater by a
with or without a partial suspension of this or that part of it, a ty
is the tribute of which in the shape of praise which a tyrant receives.

Benefits Considered as forming part and parcel of the matter of
the corruption a benefit requires to be distinguished into that
which is revocable irrevocable and that which is revocable. In this case where
it is irrevocable, the forces effective the corruptive force with which
it operates is that only which belongs to it in the quality of matter
of reward. In the case in which it is revocable the effective – the corruptive
force with which it operates is that which belongs to it is that which belongs to it in
the character of matter of punishment. By giving to a man an
eventually permanent benefit of which you receive to yourself deprive
him at pleasure you invest yours. If with a mass of power, a
place or a state of power of inflicting punishment – you
create in his mind a stock fund of sensibility which he did not before
possess, you place him in a state of dependence and subjection
to that same power. As to the creation of such a power, it is evil
absolutely altogether inevitable: for without power of dislocation on the part
and dislocability on the other, no tolerably efficient security for
appropriate aptitude on the part of subordinates can be created established.
To But to prevent for excluding the abuse of it no securities
which the nature of the case admitts of, can be superfluous.

⊞ The functionary who says
I am merciful says I
am a tyrant. To a King
belongs the attribute of mer
In the Constitutional
Code of a republic
no such words as pardon
or mercy ought
to be found have place can consistently
have place.
In the Constitutional
Code of a Monarchy, yes:
but taken by itself by this circumstance
are those two others suffice
to prove it is demonstrated that every Monarchy
is a tyranny.
In the Constitutional Code
of an Aristocracy – yes:
but by this circumstance
were there no other it
is demonstrated that
every Aristocracy is a
tyranny.

Remission of punishment,
yes: for that
there may be an apt
on various occasions:
but they are all of
them capable of being
and all of them ought
to be, specified.

Mercy and justice are
more . In a government
where there is no if there be
room for mercy, it is
because justice has a
place there: if justice
be done, mercy is
overruled by favours.

Identifier: | JB/037/222/001 "JB/" can not be assigned to a declared number type with value 37.
Date_1	1823-07-07	Marginal Summary Numbering	9-14
Box	037	Main Headings	constitutional code
Folio number	222	Info in main headings field	constitut. code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2*
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	11437
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