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Observations continued
In order further to illustrate As a means of casting some further light on the drift of the above remarks I cannot forbear attempting to give a throwing together a few hints
short sketch after a manner somewhat a little more methodical of concerning the principal points of attention to be kept
in view in the framing of a Qualification-Law. The short digression I shall have occasion to make
for this purpose will be the more pardonable, as the topic of Qualification is one that occurrs in many
different places of the Statute-Book, in some of which not a little depends upon the manner in which
it is handled.
A certain rank, or a certain property in the person, one or other or both together (for the discrimination
is seldom very accurately performed) is assumed as the immediate standard of his fitness. Hereupon
it becomes one object, that the door be not open to any who fall short of that standard; another, that
it be not short against any who come up to it. Misuser of the powers of the office is what is
apprehended in the first case: non-user thro' want of persons to fill it is the danger in the latter:
and this a danger which one sees must be in the direct ratio of the number of persons required to fill the
office, & in the inverse ratio of the extent of place within which qualified persons can be sought for
under any reasonable expectation of their being able to attend the duties of it. I have spoken hitherto Thus much as it affects
of the danger to the public the public at large; besides which one ought not to leave altogether unnoticed to say nothing of the injustice
that there is to individuals in excluding from their chance such as come within the line of fitness, from their chance
where the office is an object of desire.
For the Legislator therefore who would keep in view these two ends there n are has 3 main points to
be considered:
1st How to select the several species and quantities of property in subserviency to the 1st one of them
& in consistency with the other.
2. How to adapt the verbal description of these species to the several species that have been selected
in idea.
3. How to give effect to that selection by contriving that all that are not comprized within it the exclusion shall actually be put
shall in point of fact remain excluded. in force against those at whom it is levelled.
With regard to the species of qualification, Real, that is, Immoveable property has evidently the advantage over Moveable, both as a pledge where it does exists, & as it is more easier to ascertain whether it exist
or no. Actual p Property of either kind in possession has this advantage above rank resulting
from property in expectancy or otherwise, that besides the presumption which either may afford that misconduct
will not happen, the former affords the means of repairing it if it should. Hence we see the
advantage of augmenting the number of persons admissible, rather by admitting of mixture in
qualifications of property, than by recurring to those of rank.
That is, the immediate standard: for independently of fortune, rank is assumed no otherwise then as presumptive
of a certain education, nor that then as presumptive of certain sentiments and talents.
An evident advantage that property as a qualification has over rank is, that
the presumptive which the one as well as the other may afford that
misconduct will not happen; the former
affords the means of repairing it, if it should. Hence the advantage of the
number of persons admissible, rather by admitting of mixture in qualifications of property than by recurring to those of rank.</del>
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observations continued |
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jeremy bentham |
[[watermarks::[gr with crown motif] [lion with vryheyt motif]]] |
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