JB/038/022/001

Click Here To Edit

1822 July 13.
Constitut. Code Rationale

1.
Securities for Moral aptitude.
4. Moral responsibility.
5. Legal responsibility.

2.
Moral responsibility
what? Subjection to
power of popular or
moral sanction, as
applied by [Democratical
Section of] Public
Opinion Tribunal.

3.
Legal responsibility.
Subjection to power of
political (including
legal) sanction, as applied
by legal judicatories
under the Government.

4.
Public Opinion Tribunal,
feigned for discourse
sake, by analogy
as applying the rewards
and punishmts.
of the popular or moral
sanction.

5.
Anglice Petter Common
Jury a Committee of
Public Opinion Tribunal
organized.

6.
Import from which
this requires to be distinguished:
belonging to
him possessions whereby
for the purpose of
Government punishment,
Government
may, if so disposed,
take heed.

---page break---

7.
Real and important
the distinction.
Anglicé – in many a
man responsibility by
possession, without do.
by effective subjection.

8.
Example King: possession
peculiarly ample:
subjection by punibility
none either in fact or
by law.

9.
Other situations responsible
by law, not
in fact. Witness
1. Chancellor & his Vices.
2. Twelve superior Judges.

10.
1. Legal responsibility
comes first to be explained:
moral not clearly
intelligible but by means
of it. By punibility, responsible:
by law, conduct
to any possessor of, or
sharer in supreme operative
power in a
Monarchy absolute or
limited.
[☞ Note case of Spanish
and Portuguese Kings under
the Constitutions.

11.
1. Monarchy absolute.
Under absolute Monarchy
no functionary unless
Monarch pleases, whatsoever
the evil of his
misdeeds to the universal
interest.

---page break---

12.
Thus far by no such
responsibility of a subordinate
is counterforce
opposed to superordinate's
power: self contradictory
the supposition.

13.
Not so Monarch giving
Consent, which by casual
circumstances
may be brought about.
Supposed case – Finance
Minister defending King,
and prosecuted before
a Judicatory.

14.
II. Monarchy limited.
Case here not materially
different. Here too direct
impunity may be given
by law: but indirect is
found commonly more
convenient. Of limited
Monarch, and his instruments,
the proceedings
are more exposed to observation:
In public's eyes
direct course suppose palpably
opposite to received
notion of justice, resistance
might at length
be produced, and by
resistance trouble. If
so, case requires that
some indirect course
be taken by vengeance.
Slaughterers, for example,
sent off or rendered undistinguishable:
failing,
sent by physical means,
legal are at hand so numerous
and intricate
that by explanation of them a volume might be filled.

Identifier: | JB/038/022/001 "JB/" can not be assigned to a declared number type with value 38.
Date_1	1822-07-13	Marginal Summary Numbering	1-14
Box	038	Main Headings	constitutional code rationale
Folio number	022	Info in main headings field	constitut. code rationale
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1* / e1*
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	11659
Box Contents