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JB/096/260/001

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There are x the methods in which Indirect Legislation may
operate —.

I One is, by depriving the obnoxious agent
of the assistance human assistances: of those persons whose concurrence
is necessary to the committal of
the obnoxious Act. of the necessary assistances

There are 3 ways in which this may be of advantage
there is an advantage in : 1st
infer the supposition that supposing even the original motives assistants
to be upon the same equal footing as with the principal with
respect to the strength of the inducement, as
well as the difficulty of detection: for hereby the
difficulty of doing the act is render'd just double what
it would be if the prohibition were laid on the act of the principal
alone.

2dly Much more to where the inducement,
the interest, the motives (call it by which
name you please) to the auxiliary, to do his
part is less powerful than on to the Principal
to do his. A less opposing force on the part
of the Law will be sufficient to counteract
it with equal power, or an equal force will
counteract it with greater power. The ratio of the
repulsive force created by the Law to the
attractive force is greater.


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3dly That if either of them are wanting, he will
not never take it.

Consequently there are but 3 ways in different methods by which
Legislation can operate upon a man to prevent
his taking it.

1st Leaving the Physical power in its full
force, and leaving the original interest in
it's full force, to raise up an artificial
interest which shall (that is in his eyes) outweigh it: that it is by
in taking this means that the apparently preponderant
interest becomes wanting — And this is
the work of Direct Legislation.

2dly Leaving the Physical power in full force
to take away or at least weaken the original
interest, by which means also if at the
same time an artificial counter-interest
is created in the former way, & the apparently
preponderant interest may become wanting.
And this is the work of Indirect Legislation.

3d Leaving the interest in force, to take
away or at least to weaken the Physical


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3dly - Still more so again where the difficulty
of detection is less in the case of this act
of the auxiliary than in that of the principal.

II Another method is, by raising him up
opponents; that is by giving to some persons not
before concerned either one way or the other
(or not so strongly concerned) a motive a motive to do
some act which stands in the way renders the obnoxious
one more difficult to be done

These 2 methods concur in this, viz: in that
they effect of them is to weaken the physical
power of the agent with respect to the obnoxious
act.

III. The remaining one consists in the taking
away, or at least the weakening the interest
which impells him to it.

It is clear 1st that to do any thing take any measures whatsoever
a man requires only 1st The Physical power
2dly An apparently preponderant Interest

2dly That whensoever these 2 things meet
in a he will always do take it.


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Power, and this either by taking off the required auxiliaries,
or by raising up opponents to the
offender — And this also is the work of
Indirect Legislation.

The attractive interest & [as doing the obnoxious act]
is weakened by causing a particular another act or acts
& alike pleasurable & alike subject to his physical power to present themselves
for his choice — a slight repulsive interest
It is by the in the way of direct Legislation
is then different enabled to preponderate to draw with it
his obedience —

The Interest is destroy'd by causing another
act or acts more pleasurable [&
equally within his physical power] to present
themselves in like manner.

INDIRECT LEGISLATION [BR.][7]





Identifier: | JB/096/260/001
"JB/" can not be assigned to a declared number type with value 96.

Date_1

Marginal Summary Numbering

Box

096

Main Headings

indirect legislation

Folio number

260

Info in main headings field

indirect legislation

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

c7

Penner

jeremy bentham

Watermarks

[[watermarks::gr [crown motif] [britannia with shield motif]]]

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

31264

Box Contents

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