JB/037/255/001

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1823 July 21
Constitut. Code

Where double-seated, the corruption is mutual reciprocal: by
each is either reaped a sinister benefit, is entertained a hope
of sinister benefit, or the no motive present would be wanting acting, and the
no motive, no effect. effect would not have place. This being the case, the corruption
is reciprocal: each stands at once in the two opposite predicaments
that of corruptor and corruptee. Thus in zoology
in the case of certain each is at the same time impregnating
and impregnated.

As in this case there are thus two parties, each reaping or thinking
to reap a sinister benefit, and thus a benefit distinct from that of the received or looked to be received by the other party,
thus in every case of double-seated corruption there are two
distinct benefits.

In the case here in question they are both of them, public functionaries:
one belonging to the legislative department, the other to the
Executive. The case in which there is but one public functionary
concerned and he the corruptor, the other being an individual at
large, forms a an entirely different case is a not pregnant with the same mischief
as that which has place in this case.

True it is, the corruption effect is common: but in the production
of it the parties do not stand exactly upon the same
level. In both there must be a disposition, or the act would
and the state of things produced by it would not have place.
But there is one quarter there is at which if the process were
not commenced the result could not have existence. This is the
quarter superior in power – the legislative: in the case where
a real constitution has fo place, the creators of the system the framers of the Constitutional
Code: in the case where there is no Constitutional Code, what is the so
called Common Law being as to matter in question the rule of action
nothing has place, because nothing is has been created but the legislator,
namely he who performs is in the habit of exercising the corresponding function
in so far as such his
views, is the preserve of
that nothingness.

Identifier: | JB/037/255/001 "JB/" can not be assigned to a declared number type with value 37.
Date_1	1823-07-21	Marginal Summary Numbering	42 or 2 - 44 or 4
Box	037	Main Headings	constitutional code
Folio number	255	Info in main headings field	constitut. code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2? / c1
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	11470
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