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29 Jany 1809 Peines
15
Paley
Confronted
4
"law Constructed on better
con policy" - This supposes a
comprehensive view
to have been taken
of the field of legislation
but no such view
has been taken except
for the purpose of
keeping the law as
bad as possible
Constructed? — by whom and when constructed?
Construction supposes, if not necessarily naturally at least/according to a regular and formed design, an architect: a person by whom,
the whole field of action has been taken into contemplation and kept in
contemplation, and surveyed with a material view comprehensive and
reflecting projecting eye. censorial, and to the extent of the errors viewed in it, an inventive a <add>censorial eye</add> In England — (or the law of England —
where is there - where by has there ever been - where is there likely to be — any such
public functionary? Exists then any such in the country that human being, [+]
[+] at least any rate that human
being possessing any
reach or influence
on the state,
who
cares for about the state of the law, whether it be good or bad -
whose interest it is to care about it except for the purpose
of keeping it as bad as it is and making it as
much worse as it can be made - whose duty it is to
care about it - or who, by any other human being
is so much as supposed to care about it?
5
For the financial
part of the Law an
Inspector has to exists
viz. the Chancellor of
the Exchequer - but for
the other part though
equally requiring such
controul no such
officer exists
Exists then, in a word to describe his function in a word any such functionary as
an Inspector General of the law? of the particular and comparatively
small narrow branch which regards finance, yes; yes, though not
in name or nature, viz. the Chancellor of the Exchequer.
And why? because if, for this branch, there were not a person <add>functionary thus charged</add> government
could not, in any part of it go on at all, well or ill, or stand:
not ever as it has done and does do:: in the way it has stood and does stand: which is all that
any body thinks of, who has power or influence over or could know to be thought to think of.
6 The construction supposed
by Paley not
being ascribable to
any specific architect
all that he could do
was to make the
description serve for
the justification of it
No: as it is, architect constructing, — or any person like an architect -
the Reverend Doctors case find none: none, unless it be himself, whom and
whom alone, [+]
[+] when occupied in
the weaving of this net
[+]he had as
history has been heard
to whisper, he had
a councillor at his
elbow
this policy, such as it is, may challenge for its
author. The The edifice being put together, and from first to last
without a plan, — required what is required is a plan which shall at once describe
and justify it? Such is the problem which the Reverend Doctor
proposed to himself to solve: and such is the solution he has given of it.
Identifier: | JB/107/216/001 "JB/" can not be assigned to a declared number type with value 107.
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1809-01-29 |
4-6 |
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107 |
law versus arbitrary power (a hatchet for dr paley's net) |
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216 |
peines |
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001 |
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text sheet |
1 |
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recto |
e15 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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35207 |
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