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<p>1822 July 13.<lb/> | |||
' | <head><!-- pencil -->Constitut. Code Rationale</head></p> | ||
<p>1.<lb/> | |||
Securities for Moral aptitude.<lb/> | |||
4. Moral responsibility.<lb/> | |||
5. Legal responsibility.</p> | |||
<p>2.<lb/> | |||
Moral responsibility<lb/> | |||
what? Subjection to<lb/> | |||
power of popular or<lb/> | |||
moral sanction, as<lb/> | |||
applied by [Democratical<lb/> | |||
Section of] Public<lb/> | |||
Opinion Tribunal.</p> | |||
<p>3.<lb/> | |||
Legal responsibility.<lb/> | |||
Subjection to power of<lb/> | |||
political (including<lb/> | |||
legal) sanction, as applied<lb/> | |||
by legal judicatories<lb/> | |||
under the Government.</p> | |||
<p>4.<lb/> | |||
Public Opinion Tribunal,<lb/> | |||
feigned for discourse<lb/> | |||
sake, by analogy<lb/> | |||
as applying the rewards<lb/> | |||
and punishm<hi rend="superscript">ts.</hi><lb/> | |||
of the popular or moral<lb/> | |||
sanction.</p> | |||
<p>5.<lb/> | |||
Anglice Petter Common<lb/> | |||
Jury a Committee of<lb/> | |||
Public Opinion Tribunal<lb/> | |||
organized.</p> | |||
<p>6.<lb/> | |||
Import from which<lb/> | |||
this requires to be distinguished:<lb/> | |||
belonging to<lb/> | |||
him possessions whereby<lb/> | |||
for the purpose of<lb/> | |||
<del>Government</del> punishment,<lb/> | |||
Government<lb/> | |||
may, if so disposed,<lb/> | |||
take heed.</p> | |||
<pb/> | |||
<p>7.<lb/> | |||
Real and important<lb/> | |||
the distinction.<lb/> | |||
Anglicé – in many a<lb/> | |||
man responsibility <hi rend="underline">by<lb/> | |||
possession</hi>, without d<hi rend="superscript">o.</hi><lb/> | |||
by effective subjection.</p> | |||
<p>8.<lb/> | |||
Example King: possession<lb/> | |||
peculiarly ample:<lb/> | |||
subjection by punibility<lb/> | |||
none either in fact or<lb/> | |||
by law.</p> | |||
<p>9.<lb/> | |||
Other situations responsible<lb/> | |||
by law, not<lb/> | |||
in fact. Witness<lb/> | |||
1. Chancellor & his Vices.<lb/> | |||
2. Twelve superior Judges.</p> | |||
<p>10.<lb/> | |||
1. Legal responsibility<lb/> | |||
comes first to be explained:<lb/> | |||
moral not clearly<lb/> | |||
intelligible but by means<lb/> | |||
of it. By punibility, responsible:<lb/> | |||
by <hi rend="underline">law</hi>, conduct<lb/> | |||
to any possessor of, or<lb/> | |||
sharer in supreme operative<lb/> | |||
power in a<lb/> | |||
Monarchy absolute or<lb/> | |||
limited.<lb/> | |||
[☞ Note case of Spanish<lb/> | |||
and Portuguese Kings under<lb/> | |||
the Constitutions.</p> | |||
<p>11.<lb/> | |||
1. Monarchy absolute.<lb/> | |||
Under absolute Monarchy<lb/> | |||
no functionary unless<lb/> | |||
Monarch pleases, whatsoever<lb/> | |||
the evil of his<lb/> | |||
misdeeds to the universal<lb/> | |||
interest.</p> | |||
<pb/> | |||
<p>12.<lb/> | |||
Thus far by no such<lb/> | |||
responsibility of a subordinate<lb/> | |||
is counterforce<lb/> | |||
opposed to superordinate's<lb/> | |||
power: self contradictory<lb/> | |||
the supposition.</p> | |||
<p>13.<lb/> | |||
Not so Monarch giving<lb/> | |||
Consent, which by casual<lb/> | |||
circumstances<lb/> | |||
may be brought about.<lb/> | |||
Supposed case – Finance<lb/> | |||
Minister defending King,<lb/> | |||
and prosecuted before<lb/> | |||
a Judicatory.</p> | |||
<p>14.<lb/> | |||
II. Monarchy limited.<lb/> | |||
Case here not materially<lb/> | |||
different. Here too direct<lb/> | |||
impunity may be given<lb/> | |||
by law: but indirect is<lb/> | |||
found commonly more<lb/> | |||
convenient. Of limited<lb/> | |||
Monarch, and his instruments,<lb/> | |||
the proceedings<lb/> | |||
are more exposed to observation:<lb/> | |||
In public's eyes<lb/> | |||
direct course suppose palpably<lb/> | |||
opposite to received<lb/> | |||
notion of justice, resistance<lb/> | |||
might at length<lb/> | |||
be produced, and by<lb/> | |||
resistance trouble. If<lb/> | |||
so, case requires that<lb/> | |||
some indirect course<lb/> | |||
be taken by vengeance.<lb/> | |||
Slaughterers, for example,<lb/> | |||
sent off or rendered undistinguishable:<lb/> | |||
failing,<lb/> | |||
sent by <hi rend="underline">physical</hi> means,<lb/> | |||
legal are at hand so numerous<lb/> | |||
and intricate<lb/> | |||
that by explanation of them a volume might be filled.</p> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1822 July 13.
Constitut. Code Rationale
1.
Securities for Moral aptitude.
4. Moral responsibility.
5. Legal responsibility.
2.
Moral responsibility
what? Subjection to
power of popular or
moral sanction, as
applied by [Democratical
Section of] Public
Opinion Tribunal.
3.
Legal responsibility.
Subjection to power of
political (including
legal) sanction, as applied
by legal judicatories
under the Government.
4.
Public Opinion Tribunal,
feigned for discourse
sake, by analogy
as applying the rewards
and punishmts.
of the popular or moral
sanction.
5.
Anglice Petter Common
Jury a Committee of
Public Opinion Tribunal
organized.
6.
Import from which
this requires to be distinguished:
belonging to
him possessions whereby
for the purpose of
Government punishment,
Government
may, if so disposed,
take heed.
---page break---
7.
Real and important
the distinction.
Anglicé – in many a
man responsibility by
possession, without do.
by effective subjection.
8.
Example King: possession
peculiarly ample:
subjection by punibility
none either in fact or
by law.
9.
Other situations responsible
by law, not
in fact. Witness
1. Chancellor & his Vices.
2. Twelve superior Judges.
10.
1. Legal responsibility
comes first to be explained:
moral not clearly
intelligible but by means
of it. By punibility, responsible:
by law, conduct
to any possessor of, or
sharer in supreme operative
power in a
Monarchy absolute or
limited.
[☞ Note case of Spanish
and Portuguese Kings under
the Constitutions.
11.
1. Monarchy absolute.
Under absolute Monarchy
no functionary unless
Monarch pleases, whatsoever
the evil of his
misdeeds to the universal
interest.
---page break---
12.
Thus far by no such
responsibility of a subordinate
is counterforce
opposed to superordinate's
power: self contradictory
the supposition.
13.
Not so Monarch giving
Consent, which by casual
circumstances
may be brought about.
Supposed case – Finance
Minister defending King,
and prosecuted before
a Judicatory.
14.
II. Monarchy limited.
Case here not materially
different. Here too direct
impunity may be given
by law: but indirect is
found commonly more
convenient. Of limited
Monarch, and his instruments,
the proceedings
are more exposed to observation:
In public's eyes
direct course suppose palpably
opposite to received
notion of justice, resistance
might at length
be produced, and by
resistance trouble. If
so, case requires that
some indirect course
be taken by vengeance.
Slaughterers, for example,
sent off or rendered undistinguishable:
failing,
sent by physical means,
legal are at hand so numerous
and intricate
that by explanation of them a volume might be filled.
|
Identifier: | JB/038/022/001"JB/" can not be assigned to a declared number type with value 38. |
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1822-07-13 |
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038 |
constitutional code rationale |
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022 |
constitut. code rationale |
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001 |
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1 |
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recto |
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john flowerdew colls |
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