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1823 July 8
Constitut. Code
Ch. Constitutive.
§ Univesal dislocation
1. Sinister Corruptive effect
1.
(Definition. Corruption is
where by means of benefit
to himself, functionary is
made to violate trust.
2.
points or heads considered.
1⊞ ⊞ Threat of corruption.
1. Sinister effect.
2. Alternate Instrument of corruption.
2. Sinister benefit.
3. Corruptee.
4. Receiving hands, the
corruptors or another.
5. Corruptor – partly benefited
by the sinister effect.
6. Corrupting hand, hand
by which the sinister benefit
is applied: In corruptors
or another.
7. Relative time of the receipt
of the sinister benefit,
antecedent or consequent,
as to that of sinister
effect.
8. Corrupting Motive or inducement
usual instrument of corruption by which the sinister
the immediate fact of corruptive service is accordingly
produced – expectation,
gratitude or fear of
ingratitude or
9 Number of the seats viz
of corruption in the case in
question – eleven or one.
10. Self-corruption – where
it has but one seat
11. Corruptrands name common
to corruptor and corruptee
in such evidence profit though.
3.
2. In Immediate fruit of the corruptn
2. 1. Sinister effect:
violation of trust:
misuse or non-use of
the power attached to
the office: if none no power, mis-performance
is non-performance
of the duties.
By supposition, such
violation is an evil:
it's shape depends on the
nature of the function.
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Ch. Constitutive.
Sinister benefit - what
4.
3. II. Sinister instrument,
the sinister benefit, Good
in any shape: Matter of
corruption is do. of good
in any shape. Ex. gr.
External instruments of
felicity and sweets of rule
and misrule, as above.
5.
In the idea of good is included
do. of evil, each in
all shapes – after presence,
absence of either, is presence
of the other.
5(a.)
Being opposite, thus may
what is predicated of either,
be with slight change
of context, do. of the other.
6.
Positive good is good not
consisting in the absence
of evil: negative, in such
absence.
7.
Thus is punishmt. made
an instrument of corruption:
of expected punishment, non-application
is reward. By every
addition made to the mass of punishment,
an addition is made to the
corruption fund.
8.
Instrument pecuniary, of
reward, by ablation of punishment,
the effect is greater
than of simple reward.
For 1. Ratio of £100 to £50
is twice as great as do. of
£150 to £10.
2. By decoupling a man's
property, you wd. not produce
in him as much
enjoyment, as suffering
by ablation of the whole.
3. Too pain, men are more
sensible than to pleasure.
9.
By competent functionary,
ablation of punishment is
pardoning: by it, mercy
is said to be exercised.
In the idea of mercy, is
included do. of arbitrariness:
thence of cruelty and tyranny.
Mercy is remission of
punishment by favour:
favor is incompatible with
equality and justice.
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Ch. Constitutive.
Sinister benefit -
9. contind.
"I am merciful" – is generally – I am generally unjust & cruel,
but sometimes not.
10.
In the vocabulary of a
Republican Constitutional
Code, mercy has no place.
Secus in a Monarchical:
proof of itself that Monarchy
is tyranny. So, Aristocracy.
11.
True, for omission of punishment
there may be
good reasons: but they are
all specifiable.
12.
Mercy, a subject of praise,
the more cruel the tyranny,
the greater the room made
for praise. The more suffering
generally produced,
the more capable of being
occasionally remitted.
13.
Irrevocable an instrument benefit is
only an instrument of reward:
revocable, it is do.
punishment: viz, by abolition
of reward: in this shape, in
a prodigious degree greater
is it's effective force. Power,
not much less than do.
of life and death may thus
be created: as where the benefit
is the sole means
of subsistence.
14.
Great is this power,
it's establishment is inevitable:
for, but for this,
anarchy would ensue:
Thence, proportionate the
need of all possible checks
for security.
15
Difference between intimidation
and corruption, with
remission of punishment
for its instrument.
in case of intimidation
the immediate instrument
of corruption is not brought
into eventual existence till
the immediate is: in
the case of corruption by remission
of punishment it is.
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Corruptive - quis.
15.
4. III. Corruptive public
functionary is any department
(possessing or
not possessing power)
of whom the sinister
service is obtained.
Public Opinion Tribunal
the force of it here engaged
in the support of corruption
by the favours shewn by it
be mercy and gratitude
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