JB/068/228/001

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1818 June 23
Offences against Condition

9. Abuse of Mastership is where with relation to
a certain person considered in the character of a Servant(+)
a certain person (the delinquent) having standing in the
condition of a Master, exercises in such manner the power
attached to that condition, as to cause or contribute to
cause to be sustained by such Servant some hardship
Injury(1) or other
evil(2) for the production of which the powers
lawfully attached to that condition afford not any sufficient
warrant.(3)

(+) For the different classes of Servants see Law of Masters and Servants

( ) [Injury] viz. any one of those the Offences against individuals:
which see. See the Table of Offences against Individuals.

(2) "Warrant" Eventually to cause evil to be sustained
by the party subject to power is essentially necessary to
all power: only by such means can the correspondent obedience
be secured. See Tit. Justifications.

Vice in every shape is an evil for the production
of which in this case by means of the power in question there can not be any sufficient
warrant: for example, drunkenness, unchastity, especially
in the case of a female, lying &c. ☞ Quere as to the
making out a list of vices?

Evil in this case is capable of being considered as produced
either instrumentality instrumentally, or ultimately: instrumentally viz. as above for the enforcement
of obedience; or ultimately. If without excess, or in
excess the servant is beaten as in the cast of past disobedience for the purpose of enforcement
securing future obedience the evil is produced instrumentally:
if through ill will ill humour or wantonness without
any such purpose, the evil is produced ultimately.

Identifier: | JB/068/228/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1818-06-23	Marginal Summary Numbering	16-19
Box	068	Main Headings	penal code
Folio number	228	Info in main headings field	offences against condition
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks	j whatman 1816
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1816
Notes public		ID Number	22423
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