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