JB/116/175/001: Difference between revisions

Latest revision as of 10:22, 4 February 2020

14 July 1802 30 N. S. Wales

Think not, my Lord that for the purpose of
this or any other argument I mean to confound
what it is but too natural and too common
to confound in legal arguments ideas so unhappily distinct
as those of utility and law: abstract utility and that which, were it unburthened
actually existing law would be most consonant to utility — and that which <add>actually is established
vs. Law. How in [No, my Lord: how wide clear, the distinction
is but too well known to one] What I
mean to say is that on this occasion, as under unquestionably
on many occasions, so it happens that what
is consonant to utility is also — nay (and
I am happy to be able to say) and for that any reason —
is consonant to law. The constitution foundation of this
happily most unexampled Colony is not less repugnant to the
known, fundamental established law of the land
than it is to good faith, humanity, and justice. It
would have been so, had even the Colony had a constitution
and that constitution given to it even with the consent
of the intended Colonists. Your Lordship has seen as much this
already: seen it in the decision disputed by Lord Coke.
How much more flagrantly so under a constitution forced
upon the inhabitants without their consent: forced for the
upon them for the very purpose of converting a temporary
servitude with a universal and never-ending slavery.
But it is time for us to be silent. Let Magna
Charta be heard to speak for me and let Lord Coke to speak for
Magna Charta.

Identifier: \| JB/116/175/001"JB/" can not be assigned to a declared number type with value 116.
Date_1	1802-07-14	Marginal Summary Numbering	[[marginal_summary_numbering::8 [or] 43]]
Box	116	Main Headings	panopticon versus new south wales
Folio number	175	Info in main headings field	n. s. wales
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	f30
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	37708
Box Contents

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-<p>Think not, my Lord <unclear>that </unclear>for the <unclear>progress </unclear>of <lb/>this or any <unclear>other </unclear>argument I mean to confound <lb/>what it is but too <del><gap/></del> natural <unclear>common </unclear><lb/>to confound in legal arguments <gap/> 10 <add><unclear>unhappily </unclear></add>distinct <lb/>as <gap/> of <gap/> and <gap/>: <del>abstract <gap/> and </del> <add>that which <gap/> <gap/> <gap/> </add><lb/> <gap/> <gap/> <unclear>must command</unclear> in <gap/> and that which is <add>actually </add> <gap/> <lb/><del>actually <gap/> <unclear>law </unclear> </del> <lb/> in Law. <del><gap/> <gap/> </del> No, my Lord: how <add><gap/> <gap/> </add>wide the distinction<lb/> is but too wide known to one What I <lb/> mean to say is that <gap/> <gap/> occasion, as <del><gap/> </del>on <lb/>questionably on many occasions, so it happens that what <lb/> is consonant to ability is also &#x2014; nay (and <gap/> <lb/> I <del><gap/> </del><gap/> <add><gap/> </add>to <gap/> <gap/> to <unclear>any</unclear>) and for that <gap/> <gap/> <lb/>is <unclear>consonant </unclear>to <gap/>. <gap/> <del><gap/></del> foundation of this <lb/><add>happily</add> must <gap/> <gap/> as <gap/> <gap/> <unclear>repugnant </unclear> to the <lb/><unclear>known</unclear>, fundamental established law of the land <lb/> <gap/> it is to good faith, <unclear>humanity</unclear>, justice. It <lb/>would have <unclear>been </unclear>so, <unclear>had </unclear> <add><gap/> </add>the <gap/> had a constitution <lb/> <add>and </add> <gap/> constitution given to it <gap/> with <gap/> consent <lb/>of the <unclear>unlimited </unclear> <gap/>. <gap/> Lordship has <gap/> <gap/> <lb/><unclear>some</unclear> <gap/> <gap/> <gap/><gap/><gap/>my Lord <gap/><lb/>How much more <add><gap/> </add>so under a <gap/> constitution formed <lb/> <gap/> <unclear>this </unclear> <gap/> without this consent: formed <del>for the </del> <lb/> <gap/> <gap/> for the very <gap/> of <gap/> <gap/> <gap/> <lb/> <gap/> <gap/> a universal and <gap/> <gap/> <gap/> <gap/>. <lb/>But it is <gap/> for <gap/> to be <gap/>, <gap/> <unclear>Magna </unclear> <lb/> <unclear>Charta </unclear> <add><gap/> <unclear>heard </unclear> to </add> speak for <unclear>me </unclear> and <gap/> Lord <gap/> speak for <lb/><unclear>Magna Charta</unclear>,</p>
+<head>14 July 1802 30</head>
+<head>N. S. Wales</head>
+<p>Think not, my Lord that for the purpose of <lb/>this or any other argument I mean to confound <lb/>what it is but too <del><gap/></del> natural and too common <lb/>to confound in legal arguments ideas so  <add>unhappily</add> distinct <lb/>as those of utility and law: <del>abstract utility and</del> <add>that which, were it <sic>unburthened</sic></add><lb/> actually existing law <add>would be most consonant to utility &#x2014; and that which <add>actually</add> is established <lb/> vs. Law. <del>How in</del>  [No, my Lord: how wide  <add>clear, <gap/> </add> the distinction<lb/> is but too well known to one] What I <lb/> mean to say is that on this occasion, as <del>under</del> unquestionably<lb/> on many occasions, so it happens that what <lb/> is consonant to utility is also &#x2014; nay (and <gap/> <lb/> I <del>am</del> <add>happy</add> to be able to say) and for that any reason &#x2014; <lb/><hi rend='underline'>is</hi> consonant to law. The  <del>constitution</del> foundation of this <lb/><add>happily</add> most unexampled Colony is not less repugnant to the <lb/> known,  fundamental established law of the land <lb/> than it is to good faith, humanity, <add>and</add> justice. It <lb/>would have been so, had <add>even </add> the Colony had a constitution <lb/> <add>and</add> that constitution given to it even with the consent <lb/>of the intended Colonists. Your Lordship has seen <add>as much</add> this <lb/> already: seen it in the decision <unclear>disputed</unclear> by Lord Coke.<lb/> How much more <add>flagrantly</add> so under a <gap/> constitution forced <lb/>upon the inhabitants without their consent: forced <del>for the </del> <lb/>upon them for the very purpose of converting a temporary <lb/>servitude with a universal and never-ending slavery.<lb/> But it is time for us to be silent. Let  <foreign>Magna <lb/>Charta</foreign>  <add>be heard to</add> speak for <unclear>me </unclear> and <del>let</del> Lord Coke <add><del>to</del></add> <del>speak</del> for <lb/><foreign>Magna Charta</foreign>.</p>
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JB/116/175/001: Difference between revisions

Latest revision as of 10:22, 4 February 2020

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