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1822. June 19. 30 June 1823
Constitut. Code.
Ch. Expository matter
Subordination – modes of
1.
Subordination explained.
Superior or
say Superordinate –
inferior or say subordinate.
2.
Subordination – its
modes.
1. by dislocability.
2. by declared punibility
3. by undeclared punibility
3.
More coercive the
subjection, thence more
effective the subordination
produced by
undeclared thence
declared power of punishment:
apparent
certainty, thence real
efficiency of the punishment
being diminished
by odium, delay,
expence, and vexation
of prosecution
as to prosecutor.
4.
Neither by dislocability
alone nor by punibility
alone, can subordination
be rendered
compleatly effectual.
1. Till dislocation has
been effected, dislocability
is insufficient
if in subordinate's eyes
profit by unobsequiousness
is greater than
loss by dislocation.
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5.
5.
2. Without dislocability,
legal punibility is
rendered insufficient
by certainty of odium
delay and vexation
to subordinate supordinate: also, expence,
except in so far
as compensated.
6.
Most effectual punibility
by inevitable vexation.
By it too may dislocability
be effected:
to avoid the vexation
the subordinate dislocating
himself.
7.
Dislocation by mode
1 positive 2 negative.
Modes of dislocation
direct and indirect.
1. positive or action requiring direct, as above, by
positive dislocation,
as above.
2. negative or action not requiring indirect, by non-relocation
after preestablished
time of continuance
in office expired.
8.
More effectual the indirect
than the direct
mode: viz. because less
the affliction to the subordinate
dislocated:
thence odium less to
the superordinate
dislocating: less afflictive,
because in dislocation
is involved a
declaration of opinion
that the dislocation
is positively unapt:
whereas
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Dislocation by mode.
§ 1 Positive
§ 2. Negative
8.
whereas in non-relocation
is implied only
that there exists some
one person more apt.
9.
But this superior aptitude
of dislocation
by non-relocation
is nearly confined to
the case where the relocation
is by election:
Locator one only: non-relocation
differs not
from dislocation.
10.
As to occasion, subordination
is
1. General, applying to
the whole of subordinate's
official business
as spread over the whole
of his time: special,
confined to this or that
individual or other particular
business.
11.
Locational fractional mode
Various modes of existence
on the part of
superordinate & subordinate: viz
1. Integral: the office
filled by one individual.
2. Fractional, do. filled by
individuals more than
one.
12.
Fractional is
1. Simply fractional,
when filled by individuals
more than one, acting
in one body.
2. Compositely fractional.
See §. Fractionization.
Identifier: | JB/038/157/001 "JB/" can not be assigned to a declared number type with value 38.
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1822-06-19 |
1-12 |
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038 |
constitutional code |
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157 |
constitut. code |
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001 |
expository matter / subordination modes of |
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marginal summary sheet |
1 |
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recto |
d5 / e1 |
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john flowerdew colls |
[[watermarks::i&m [prince of wales feathers] 1818]] |
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arthur wellesley, duke of wellington |
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1818 |
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11794 |
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