JB/038/021/001

Click Here To Edit

1822 Apr 29

Economy not Office
§. Moral Aptitude – Efficient Causes
Public Opinion Tribunal

or 1.
[2. A.] Moral aptitude
causes.
1. Abstaining from annexing
to the office power
more than necessary.
2. Application of counterforces.

or 2*
Generally applicable
counterforce to official
power – power of the moral or popular
sanction: exercised
By Public opinion
Tribunal.
Instrument of its exercise
publicity or say divulgation.
Desirable subject matters
of divulgation
[viz. in addition to Ordinance
and misdeeds in transgression
thereof]
1. Tribunal's Decison
as given by the Suffrage of the
several members
2. Grounds of do.

or 3.*
[2. A.] Decision not being
ascertainable, sole
subject matter of divulgation,
its grounds – from
its grounds alone can
decision itself be inferred.

or 4.*
[2. A] Subject matter
of the assumption necessary
in this case.
1. Purport of the decision.
2. Rectitude or say aptitude
of do.

or 5.*
[2. A.] Efficient causes
of the presumption as
to the purport of the decision –
Circumstances
constitutive of the state
of the case as per view
taken of them by the individual
in question:
from

---page break---

Economy not Office
§. Moral Aptitude – Efficient Causes
Public Opinion Tribunal

or 5 contind.
from them he will
form his judgment as
to the view likely to be
taken by the several
other members of that
tribunal: their respective
aptitude and inaptitude
as produced by the appropriate
efficient causes,
taken into account.

6.*
[2. A.] Efficient causes
of presumption in affirmance
of public opinion
tribunal's superior
aptitude as compared
with public functionaries
do.
A. Rectitude here not
positive but comparative.

7.*
2. Object of comparison
what?
A. Do. of the smaller
number [i.e. of the
ruling few].

8.*
2. Use of public opinion:
from being by supposition
the acting as a
counterforce to that of a
comparatively small
aggregate body, of which
the functionary in question,
as such, is a
, the body to which
it stands in this relation
must be that of the
ruling few: to say that
such counterforce is
useful, is virtually to
assert that in the decisions
of the ruling few
as such, there is a great

---page break---

Economy not Office
§. Moral Aptitude – Efficient Causes
Public Opinion Tribunal

8* contind.
tendency towards inaptitude:
if so, what is
its efficient cause?
A. The facilities
which the functionary's
body has of giving
effect to its will & interest
to the prejudice & sacrifice
of subject many's
interest.
Public opinion tribunal's
counterforce apart, efficiency
of ruling few's
factitious means of influence
is as the magnitude
of their power: &
as to their will its being
generally determined
by personal interest
follows from the nature
of man.

9.*
No individual decision
of public opinion tribunal
being other than a
fiction, exists there any
really pronounced decision
that can reasonably
be regarded as an
adequate substitute to a
real do.
A. yes: the verdict of a
Jury aptly constituted.
A Jury so constituted; may
be stiled a Section of
that tribunal.

10.*† † Discard this to the topic of Jury Trial?
2. Apt constitution of
a Jury, what?
A. That which makes the
location of its members the
act of chance, applied to
the aggregate number of
those regarded as apt.

---page break---

11.*
Note, in any public
functionary, power of
such location is power
of exercising corruptive
influence. Of no individual
can there be
any adequate assurance
of his not being subjectible
to corruptive influence,
nor of functionary
of his not being
disposed to exercise it.
Therefore, to the Legislator
belongs to appoint
the class, whose decisions
are most likely to be
conformable to the universal
interest, and to
chance to select out of this
class individuals to constitute
the Jury on each
occasion.
☞ Add here the distinction
between Jury with
an obligatory verdict &
do. with an unobligatory
do.. Jury of volition, and
do. of opinion only.

Identifier: | JB/038/021/001 "JB/" can not be assigned to a declared number type with value 38.
Date_1	1822-04-29	Marginal Summary Numbering	or 1* - or 5*, 6* - 11*
Box	038	Main Headings	constitutional code
Folio number	021	Info in main headings field
Image	001	Titles	moral aptitude / efficient cause / public opinion tribunal
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	john flowerdew colls	Watermarks	j whatman 1819
Marginals		Paper Producer	jonathan blenman
Corrections	jeremy bentham	Paper Produced in Year	1819
Notes public		ID Number	11658
Box Contents