★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
7
Infamy
the Legislator begins the song of obloquy, expecting that
the people will follow him in chorus. The delinquent
is to be pelted with invectives, and the Legislator begins
and casts the first stone.
But when the object of the Legislator is to conciliate
the public opinion and especially when that opinion is
opposite to the one he would establish, he must address
himself to their reasons.
This mode of punishment, applied sparingly and
with discretion, may be of no small use: if it be
reserved to those cases in which the affections of the
people are on the same side or are at least neuter:
especially where they already incline in some measure on the
side of the Law, but have not as yet attained to that
degree of rigour which the force of the Legislator's authority
may serve to give them.
An epithet for exam of this kind might be of
use for example, with us in the case of election
bribery, as also in that of smuggling. I will not
look out for any more cases. These are enough
to serve as instances. To compleat the collection
would be to engage prematurely and irregularly in
the vast subject topic of Offences.
Where such epithets are employ'd, it may be
necessary however that they should be back'd come with
reasons: In no case can it do harm: but it is
necessary where the affections of the people are either⊞ ⊞ upon a footing pretty near to that of neutrality
pretty near to a neutrality, or more especially if
they have been rather to the adverse side, it is necessary.
I hope it will not [have] be supposed that
under the name of reasons I have here in view
those effusions of Legislative babbling, those old-Westminster
Identifier: | JB/141/114/003 "JB/" can not be assigned to a declared number type with value 141.
|
|||
---|---|---|---|
not numbered |
|||
141 |
rationale of punishment |
||
114 |
infamy |
||
003 |
notes |
||
text sheet |
4 |
||
recto |
f5 / f6 / f7 / f8 |
||
jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
||
caroline vernon |
|||
48331 |
|||