JB/038/023/001

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1822 July 15.
Constitut. Code Rationale

15.
II. Representative Democracy.
Here, without
difficulty legal responsibility,
universal, may
have place. During
office, no: not the whole
nor a majority: to say
yes would be self contradictory.
But during
office the minority: after
office all may be
punishable: just as
every one else is: for
misdeeds there as elsewhere.
See Accordingly
Articles.

16.
Moral responsibility.
This is to the purpose
of eventual exposure
to punishment by the
,
of the popular or moral
sanction, at the
hands of Public opinion
Tribunal: [viz. the democratical
section of
it. Quere this here] like
the invisible,
but not the less operative.

17.
To punishment such
as is inflicted by the
Tribunal, not only in
a Representative Democracy,
but even in
an absolute Monarchy,
may the possessors
of the Supreme operative
stand excluded.

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18.
In this sense and shape
even in an absolute Monarchy,
even the Monarch
feels himself responsible:
though to the
purpose of mitigation,
of Monarch's oppression
and depredation
subject's sufferings, the
effect is hardly perceptible.

19.
Counterforce beneficial
the less the legal, the
greater the need of moral.
In Monarchy, legal
none, thence of the moral,
need a maximum:
actual quantity a minimum.
Cause, the security
afforded by the
moral against the sinister
sacrifice.
[Insert note on the toleration
in Tuscany and
Russia.]

20.
Contrast. In Representative
Democracy, legal
counterforce compleatly
effective: need of the
moral, for this purpose,
a minimum: actual
quantity a maximum.

21.
Ao. 1803. In a Season
of insufficient experience,
partly on account
of the annoyance
to individuals, supreme
operatives deprived the
community of this security.

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21 contind.
But greatest happiness
&c. being the end, and
by all seen to be so, it
was restored by lapse
of time, and is now fixt
for as long as the democracy
lasts.

Identifier: | JB/038/023/001 "JB/" can not be assigned to a declared number type with value 38.
Date_1	1822-07-15	Marginal Summary Numbering	15-21
Box	038	Main Headings	constitutional code rationale
Folio number	023	Info in main headings field	constitut. code rationale
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	11660
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