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1819 Aug. 18

Ch. Logical High fliers

11 2

Form or Substance

For further and fuller assurance if it can be necessary or requisite
if what is meant by an Engli a lawyer of the English School is
meant to be inculcated by an elogium on form forms in general
note the distinction Domina law between form and substance. By him
who has substance on his side is universally understood to be he who
has merits the merits of the cause on his side: he in a word whose side of the
cause or the question is a just one: while by him who has
without having substance without having the merits on his side
has form on his side, is as universally understood he whose
side of the cause or of the question is an unjust one. They
call upon pronounce Pronouncing to you a decision which by their own shewing avowal
is against the merits, that is against justice, they call upon you
to receive it with not only with the same submission
but with the same respect and even reverence as if it
were agreeable to justice. Submission, yes: because if the civil
power be not sufficient unwilling or insufficient, there is the
military to enforce it. Submission, yes: because it can be forced:
but respect and reverence can not be forced: outward and
visible signs, yes: but the inward and spiritual feelings from which in
spite of all that despotism can do will ever and anon become
productive of correspondent acts can not be forced are not at the command of force.
Howsoever it be with submission, respect is not only ought
to be but may be rendered dependent kept in dependency upon the good behaviour
of those who call for it: and to bestow it without regard
to the goodness of that behaviour is to give effect to this
very fallacy by which for the purpose support of misrule, respect
reverence and admiration is call required for called for towards every thing that
is bad in Government, in Law, in the Constitution, in the Institutions, and
in the Forms.

Identifier: | JB/104/303/001
"JB/" can not be assigned to a declared number type with value 104.



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text sheet

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c11 / c2


jeremy bentham


[[watermarks::i&m [with prince of wales feathers above] 1818]]


Paper Producer

arthur wellesley, duke of wellington


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Notes public

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