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29 June 1811 1811 June 29 9 | <head>29 June 1811 1811 June 29 9<lb/> | ||
Fallacies | Fallacies</head> | ||
V. ad superstitionem | <note>V. ad superstitionem<lb/> | ||
Ch. 1. Generalia | Ch. 1. Generalia<lb/> | ||
§. Exposition or Exposure | §. Exposition or Exposure<lb/> | ||
§.1. I. Parties | §.1. I. Parties</note> | ||
1 1 | <p>1 1</p> | ||
9 or 1 | <p>9 or 1<lb/> | ||
Parties capable of | Parties capable of<lb/> | ||
being concerned in an | being concerned in an<lb/> | ||
engagement of the | engagement of the<lb/> | ||
kind in question — | kind in question —<lb/> | ||
the Sovereign of a state | the Sovereign of a state<lb/> | ||
being in all cases one. | being in all cases one.<lb/> | ||
The other | The other</p> | ||
In the case here in question <gap/> a species of contract <gap/> an | <p>In the case here in question <gap/> a species of contract <gap/> an<lb/> | ||
engagement is by the supposition considered as having place, | engagement is by the supposition considered as having place,<lb/> | ||
and an engagement supposes has parties more parties viz. more than one; and in the case | and an engagement supposes has parties more parties viz. more than one; and in the case<lb/> | ||
here in question, of the two parties the sovereign of the state in question is | here in question, of the two parties the sovereign of the state in question is | ||
one. | one.</p> | ||
10 or 2 | <note>10 or 2<lb/> | ||
The other may be | The other may be<lb/> | ||
a party without the | a party without the<lb/> | ||
state, or do within | state, or do within<lb/> | ||
the state. | the state.</note> | ||
As to the party it may be either a party whose station is without | <p>As to the party it may be either a party whose station is without<lb/> | ||
the state in question, or a party whose station is within the state. | the state in question, or a party whose station is within the state.</p> | ||
11 or 3 | <note>11 or 3<lb/> | ||
If without the state, | If without the state,<lb/> | ||
it must be the sovereign | it must be the sovereign<lb/> | ||
of such <gap/> | of such <gap/><lb/> | ||
state: viz: immediately | state: viz: immediately<lb/> | ||
or alternately | or alternately<lb/> | ||
since without permission | since without permission<lb/> | ||
ex<gap/> | ex<gap/><lb/> | ||
from his own sovereign | from his own sovereign<lb/> | ||
the subject if any | the subject if any<lb/> | ||
state can not contract | state can not contract<lb/> | ||
with the sovereign of | with the sovereign of<lb/> | ||
another. | another.</note> | ||
If a party without the state this party is either explicitly | <p>If a party without the state this party is either explicitly<lb/> | ||
or implicitly the sovereign of that such other state. For | or implicitly the sovereign of that such other state. For<lb/> | ||
if a the case be such that the other party is by the terms of the contract not the sovereign but a | if a the case be such that the other party is by the terms of the contract not the sovereign but a<lb/> | ||
subject of such foreign state, still by the nature of the | subject of such foreign state, still by the nature of the<lb/> | ||
case, by the nature of the relation between subject sovereign and | case, by the nature of the relation between subject sovereign and<lb/> | ||
subject in every political state, the subject of the foreign | subject in every political state, the subject of the foreign<lb/> | ||
state can not be bound any further than the as his sovereign is | state can not be bound any further than the as his sovereign is<lb/> | ||
bound with him. For a by whatsoever tie the subject of a | bound with him. For a by whatsoever tie the subject of a<lb/> | ||
foreign state is capable of being bound to the sovereign of | foreign state is capable of being bound to the sovereign of<lb/> | ||
our own state the proposed state in question, it can not ever be so strong but that | our own state the proposed state in question, it can not ever be so strong but that<lb/> | ||
the tie by which he is bound to the subject of his own | the tie by which he is bound to the subject of his own<lb/> | ||
state is still stronger. He therefore can not be bound to | state is still stronger. He therefore can not be bound to<lb/> | ||
the sovereign of a state other than his own any further than | the sovereign of a state other than his own any further than<lb/> | ||
it is in the pleasure of the sovereign of his own state to permitt | it is in the pleasure of the sovereign of his own state to permitt<lb/> | ||
him so to bind himself, and in virtue and to the extent | him so to bind himself, and in virtue and to the extent<lb/> | ||
of such permission to hold himself bound likewise | of such permission to hold himself bound likewise</p> | ||
11(a) or 3(a) | <note>11(a) or 3(a)<lb/> | ||
Difficulties <gap/><gap/> | Difficulties <gap/><gap/><lb/> | ||
of which <gap/> <gap/> <gap/> | of which <gap/> <gap/> <gap/><lb<lb/>/> | ||
is <gap/><gap/> General<gap/> | is <gap/><gap/> General<gap/> | ||
answer in point of fact, | answer in point of fact,<lb/> | ||
on each occasion <gap/> | on each occasion <gap/><lb/> | ||
Next 3 lines of this note interlinear with marginal text extension below which however | <!-- Next 3 lines of this note interlinear with marginal text extension below --> which however<lb/> | ||
of punishment over time | of punishment over time</note> | ||
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Note (a)<lb/> | |||
(a) The question under concerning who of subjection and sovereignty as between<lb/> | |||
sovereign and sovereign, i.e. with relation to which of two sovereign<lb/> | |||
<gap/> given individual is to be considered as subject is a question<lb/> | |||
of great nicety and <gap/> susceptible of many modifications, and<lb/> | |||
beset with encompassed by a proportionable number of difficulties. So far as concerns<lb/> | |||
the<lb/> | |||
the question matter of fact, the<lb/> | |||
simplest and it should<lb/> | |||
seem the truest answer<lb/> | |||
is — On any each given occasion occasion,<lb/> | |||
and for any given length of time you are the subject<lb/> | |||
of that sovereign in whose<lb/> | |||
power it is on that occasion<lb/> | |||
and during that length of<lb/> | |||
time to inflict suffering on<lb/> | |||
you to the greatest amount.<lb/> | |||
It is in this way and to this<lb/> | |||
purpose and extent that each<lb/> | |||
29 June 1811 1811 June 29 9
Fallacies
V. ad superstitionem
Ch. 1. Generalia
§. Exposition or Exposure
§.1. I. Parties
1 1
9 or 1
Parties capable of
being concerned in an
engagement of the
kind in question —
the Sovereign of a state
being in all cases one.
The other
In the case here in question a species of contract an
engagement is by the supposition considered as having place,
and an engagement supposes has parties more parties viz. more than one; and in the case
here in question, of the two parties the sovereign of the state in question is
one.
10 or 2
The other may be
a party without the
state, or do within
the state.
As to the party it may be either a party whose station is without
the state in question, or a party whose station is within the state.
11 or 3
If without the state,
it must be the sovereign
of such
state: viz: immediately
or alternately
since without permission
ex
from his own sovereign
the subject if any
state can not contract
with the sovereign of
another.
If a party without the state this party is either explicitly
or implicitly the sovereign of that such other state. For
if a the case be such that the other party is by the terms of the contract not the sovereign but a
subject of such foreign state, still by the nature of the
case, by the nature of the relation between subject sovereign and
subject in every political state, the subject of the foreign
state can not be bound any further than the as his sovereign is
bound with him. For a by whatsoever tie the subject of a
foreign state is capable of being bound to the sovereign of
our own state the proposed state in question, it can not ever be so strong but that
the tie by which he is bound to the subject of his own
state is still stronger. He therefore can not be bound to
the sovereign of a state other than his own any further than
it is in the pleasure of the sovereign of his own state to permitt
him so to bind himself, and in virtue and to the extent
of such permission to hold himself bound likewise
11(a) or 3(a)
Difficulties
of which <lb
/>
is General
answer in point of fact,
on each occasion
which however
of punishment over time
Note (a)
(a) The question under concerning who of subjection and sovereignty as between
sovereign and sovereign, i.e. with relation to which of two sovereign
given individual is to be considered as subject is a question
of great nicety and susceptible of many modifications, and
beset with encompassed by a proportionable number of difficulties. So far as concerns
the
the question matter of fact, the
simplest and it should
seem the truest answer
is — On any each given occasion occasion,
and for any given length of time you are the subject
of that sovereign in whose
power it is on that occasion
and during that length of
time to inflict suffering on
you to the greatest amount.
It is in this way and to this
purpose and extent that each
Identifier: | JB/104/238/001"JB/" can not be assigned to a declared number type with value 104. |
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