JB/037/309/001

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1823. June 13
Constitut. Code

II. 2, 3 &c

Objection. If as towards the Executive and the Judicial
omni-competence on the part of the Legislature has place, all
those authorities are will be united in the hands of the Legislative,
and in that case, according to Montesquieus definition the
government will be a despotism. The division of power
meaning between those there several authorities is generally
acknowledged as the best security and as an indispensable
security against despotism.

Answer. Montesquieus authority Destitution of all
reference to the greatest happiness of the greatest number
the authority of Montesquieu has no title to regard
is not worth regarding. He threw into the field of legislation
a few scattered unconnected lights, but he had no clear conception weight
into of any one spot in it. His radical fundamental division of the
principle of a government – fear, honour and virtue
has for these sixty years shown to be mere nonsense. The
In But for the reference made to it this aphorism of his in
the arguments debates relative to the Con United States Constitution,
and the incidentally in discussions relative to the English
Government may be seen the only his book would not on
this occasion any more than any other at this time of day have any
claim to notice. Vain would be the pursuit be to keep
hunting for a distinct meaning, in a book work in which no such thing
is to be found. Of happiness he says nothing: when if any
where he means security against for the people against the rulers is a best view, instead
of security he says liberty: and makes assumes without directly
saying so that to establish the most perfect liberty in perfection is the
proper object of all government: whereas government can
not act operate but at the expence of liberty, and there and
then only is liberty perfect where no government has place.

Identifier: | JB/037/309/001 "JB/" can not be assigned to a declared number type with value 37.
Date_1	1823-06-13	Marginal Summary Numbering
Box	037	Main Headings	constitutional code
Folio number	309	Info in main headings field	constitut. code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	11524
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