JB/038/025/001

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1822 July 15.
Constitut. Code Rationale

23.
2. So, on the field of
taste: viz.
1. Of the sexual appetite,
eccentricities by
which no power is
produced. By indication
of them, power may be
produced enough to fill
a whole life with bitterness.
Enemy to greatest
happiness, not the
agent but the indicator.
Greater the evil
produced by the indication
where the
has than there it has
not been done. By
groundlessness of the
indication is afforded
comfort in the opposite
case wanting.

34.
2. Breach of marriage
contract, particularly
on female side. Act
unknown, pleasure
none, pain none.
For punishing an act,
sole good reasons the
danger it produces of
disclosure: disclosure
generally but too probable.

35.
Advantages of this moral
over legal punishment.
1. Application more
extensive, even all-comprehensive:
viz.
to

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35. Contind.
to every thing by which
happiness is lessened:
to vices as well as
crimes.
2. More gentle: incapable
of running into such
great excess.
3. more extensive: not
exposed to be evaded by
want of evidence and
by quibbles. Better reason therefore
for crying out against
legal punishment than
against defamation.

36.
So far as law contributes
to greatest happiness,
Public Opinion Tribunal
strengthens it.
Against all acts vitious
enough to be punished
as criminal, it furnishes
it with a fund
of Evidence in the shape
of defamation, in so
far as useful and true.

37
Through this channel,
depredation and oppression
inflicted for want
of law or bylaw, are met
by complaint, and their
course stopt or retarded.
Sufferers, otherwise helpless,
receive mitigation.

38
Act (suppose) not only
vitious but punishable.
give intimation of it
through the appropriate
channel to Public Opinion
Tribunal

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38. continued
Tribunal, the information
thus furnished, though
it can not be acted upon
by Judges to the purpose
of conviction may
be by individuals to the
purpose of prosecution
and investigation of
legally receivable Evidence.

39.
Against evil produced
or protected by Rulers,
i.e. by the law, this applies
the only remedy.

40.
Every endeavour to
destroy or diminish
this counterforce is do.
to apply strength to misrule,
decrease to human
happiness, encrease
to human misery.
Of the foulest individual
crime nothing worse,
nothing so bad, can with
truth be said.

Identifier: | JB/038/025/001 "JB/" can not be assigned to a declared number type with value 38.
Date_1	1822-07-15	Marginal Summary Numbering	32-40
Box	038	Main Headings	constitutional code rationale
Folio number	025	Info in main headings field	constitut. code rationale
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4 / e4
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	11662
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