JB/068/043/001

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1826 March April 3
Penal ConstitutionalCode Ch. Division of Offences

Means of consideration direct – resistance, or indirect – disturbance
unaligned to interruption of services

Explanations Observations in Ch. XII Offences affecting the title of
the person or persons possessing in possession of the supreme power.

Offences affecting the supreme power caused but
take (it is manifest) a character considerably different, accords
to the number of the hands in which this same supreme power
is lodged, whether on a divers; and where divers, whether
of in a lesser number or a greater.

First, as to offences affecting the title to the situation.
An offence affecting by which a person having no more than a share
in the supreme power is affected has no such consequences
as an offence of the same description in the case where the supreme
power is lodged in a single hand. To a person possessing no
more than a share evil in any one of the shapes in which
an individual is exposed to it may accrue, and yet
the course taken by the exercise of the power remain in be altogether no
sort or degree changed unchanged.

When instead of a single person the power is lodged
in a body in a certain degree numerous all demand
for distinction for the means of repression employed against
the offence whatever it is ceases altogether.

Take for instance in a representative democracy
the sharers in the supreme power the members of the Constitutive:
in this case between the sovereign and the subject are
one and the same.

and In whatsoever hands the power
and those subordinate to it are lodged disobedience
to it must be consistent not obedience resistance to it must be overcome, or the government
whatever it be can not go on. But for substituting obedience
to disobedience and for surmounting resistance in this case
no due means are necessary – of no other powers is the exercise
in this case – no other
than what is necessary
to the effectuation
of the same object in
the case of an offence
of the same description
by one individual against another.

Identifier: | JB/068/043/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1826-04-03	Marginal Summary Numbering	1-3
Box	068	Main Headings	penal code
Folio number	043	Info in main headings field	penal code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	22238
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