JB/042/393/001

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1825 Nov. 13 ++
Constitutional Code

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corrected

Ch. XII. Judiciary collectively
§.13. Incidental Complaint Book
Instruction as to the
5 Sections

3 3

4. On the part of a public functionary of any kind or trustee
in any situation public during his continuance in his efficient situation, corruption may be produced either by intercourse
between the corruptee
intercourse, or mere
and a corruptor, or by the mere
situation
force of the some corruptive situation
: when by
without any such intercourse,
corruptive
the corruptive situation being such
or some one
as without assistance
acting for when
by situation situation, by some
from any external
a situation which
application naturally inclines

, his regard
it is his interest
betray the way in question
him in this or that way
to betray violate his trust.
To prevent it
To obviate it. In

To the case first mentioned
the prevention of it
is the business of §.12
applies Section 12
Secret intercourse obviated.
In the other
case that of others §.13
Partialities obviated.

In both cases,
publicity is the secret
remedy. But in the
case of where last
case the operation efficiency of
it is much more
precarious than in the
first: by being rendered
public if made an
intercourse application which is forbidden
is prevented
from being made.
Whatsoever be the purpose
Application of one man
to one other may with
considerable chance of efficiency
be interdicted: But
of connection from
situation whether in

have place in either of two ways: by means of particular special intercourse between
them and the a corruptor, or by the mere mere force of their the
corruptive interest derived from their respective situations.
In so far as any such intercourse is necessary to the
production of the mischievous effect, to the preventing of it
nothing more is necessary than the prevention of such intercourse
or what comes to the same thing, the preventing it from being covered
from exposure

to this object plain object are directed the provisions
in §.12. Secret intercourse obviated.

That more dangerous, because more difficult
to guard against are those to which to the effective operation
of which result from mere relation in connection in
the way of external or affective social or antisocial
produced by relative situation whether permanent or casual
connection which being known to the functionary without
any such intercourse set at nought all safeguards
which extend out beyond the prevention of such intercourse
to this object are directed the provisions of §.13
Partialities obviated.

because of because if committed the forbidden act may be proved. But
of the connection in the way of sympathy or antipathy the
all prohibitive is inapplicable: no act being necessary to the maintenance
or formation of them, there is nothing which if interdicted
in the way of self-regarding interest or of antipathic
the existence is not can be proved: and such in this case in great measure
are connections in the way of self-regarding interest. Service.
In consequence of interest derived prospect of advantage expected from the connection service mischievous
to the public is rendered suppose by one individual to another: if the
mischievousness of it is susceptible of proof you may punish the rendering it: but
what you can not prove is — that without that same prospect it would not have
been rendered.

Identifier: | JB/042/393/001"JB/" can not be assigned to a declared number type with value 42.
Date_1	1825-11-23	Marginal Summary Numbering
Box	042	Main Headings	constitutional code
Folio number	393	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3 / e3
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	[[notes_public::"copied and copy correcte[sic]" [note in jb's hand]]]	ID Number	13316
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