★ 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
Click Here To Edit
36 29 38
Ins:a Punishment in propriam perforiam
Collective punisht. -ishment. For in this light it seems hardly to be
justified. It was a punishment, it was an
ex post facto punishment which was the less necessary
as there was already a punishment of
the same kind provided by the Law: to wit
incapacitation tho' it be but temporary. But thein truth
in the way by much the greatest part of the efficacy
which it could bewas expected to have belonged was
to it in quite another sense: on that of abuilt on another ground: on that its as a
measure of anticipation; calculated to prevent an
evil which but for such remedy it was visibly in the power, and as
visibly in the intention, of the parties thus disabled
to introduce: viz. a succession of Representatives
brought in in this corrupt and
unconstitutional way. It was therefore not punishment
for an evil past & gone, but Self-
defence against an evil still, subsistingimpending. Now
the expence at which this benefit was obtainedpurchased
for the community, could not well be less in any
instance than in this. The Franchise of Electorship
like any other branch of power public power is not an usufructuary propertypossession, but
a trust: an article of property which a man
holds not for its own benefit alone but for that
of himself and the whole community of
which he is himself but one. Those who are in
possession of it find meansare apt enough, it is true, of to desiring
from it a personal benefit to themselves: but this is in
Identifier: | JB/141/138/002 "JB/" can not be assigned to a declared number type with value 141.
|
|||
---|---|---|---|
not numbered |
|||
141 |
rationale of punishment |
||
138 |
punishment in alienam personam |
||
002 |
|||
text sheet |
2 |
||
recto |
f37 / f38 |
||
jeremy bentham |
[[watermarks::propatria [britannia motif]]] |
||
48355 |
|||