JB/038/026/001

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1822 July 15.
Constitut. Code Rationale

41.
Channels through
which, almost exclusively,
this counterforce
is supplied, are –
1. Press at large.
2. Periodical Press.
To all virtue, to all
happiness, does every
man render himself
an enemy, who contributes
to lessen the net
mass of benefit in relation
to which they are
channels of conveyance.

42.
Means of lessening
net benefit of Public
Opinion Tribunal – its
stock and channels of
information included.
1. Blockading the channels.
2. Corrupting the information.
Say blockading and
corrupting systems.

43.
Blockading, acts by
substraction: corrupting
by addition.
But by substraction also,
if partial, viz. in
the sense in which
partiality is injustice,
corruption thence deception
may be effected:
viz. by stopping
what is supposed favorable
to one side,
while do. to the other
is passed on.

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44.
Modes of blockading.
1. Licensing System.
2. Prosecution System.
Elementary operations of
the Blockading System.
1. Prohibition applied to
every thing.
2. Permission applied to
some things.

45.
Disadvantages of simply
prohibitive and punitive
compared with licensing
system.
1. Operation weak: effect
uncertain.
Licencing employs in
the first instance physical
force: say seizing
the impression of the
work. Thus is operates
on body: also on mind:
viz. by intimidation:
say fear of loss, by future
similar works if prepared
for publication:
stopping the publication
of one work already written,
it prevents writing
of unanswerable ones
of the like tendency.
The fear it employs,
is the fear of uncompensated
loss of
time, labour, and expence.

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45 contind.
3. It makes known to
the whole community
the evil it does tries to roduce
in the shape of
suppression of goods: and
this excites odium: licensing
conceals it from
every eye.

46.
4. The punishment, which
it seeks to inflict, is
holds up to view, and
thus too excites odium.
So, by the vexation and expence
of prosecutions:
in these, even the prosecutor
shares.
By licensing, this special
odium, as well
as the vexation and expence
is avoided.

47.
By prosecution, punishment
is employed,
to produce the effect
of prohibition.
1. If at common Law, the
effect is fictitious: as to
the act, for which the
punishment is sought
to be inflicted, there has
been none: as to future
contingent sinister similar ones,
each man is left to imagine
a prohibition, from
the case in which he sees
the punishment applied:
i.e. by comparison of his
contemplated work with
the punished do.

Identifier: | JB/038/026/001 "JB/" can not be assigned to a declared number type with value 38.
Date_1	1822-07-15	Marginal Summary Numbering	41-47
Box	038	Main Headings	constitutional code rationale
Folio number	026	Info in main headings field	constitut. code rationale
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d5 / e5
Penner	john flowerdew colls	Watermarks	[[watermarks::i&m [prince of wales feathers] 1818]]
Marginals		Paper Producer	arthur wellesley, duke of wellington
Corrections	jeremy bentham	Paper Produced in Year	1818
Notes public		ID Number	11663
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