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<p>10 <sic>Aug.</sic> 1808 V + A<lb/><note>To Mallet</note><lb/>(1) <note>V Irresponsibility<lb/>1. Minutes no check</note></p> <p><note>1<lb/> | <p>10 <sic>Aug.</sic> 1808 V + A<lb/><note>To Mallet</note><lb/>(1) <note>V Irresponsibility<lb/>1. Minutes no check</note></p> <p><note>1<lb/>Objection — <add><del>By</del></add> Minute<lb/>Books an Official<lb/>cause of responsibility.<lb/>Minute Book<lb/>viz. in which the<lb/>several <hi rend="underline">acts</hi> with the<lb/>names of the Members<lb/>present at each <hi rend="underline">act</hi><lb/>are noted.</note></p> <p>The Board (it may perhaps be observed) has its Minute<lb/>Book and in that Book <del>n</del> entries are made of its<lb/><add>several</add> <hi rend="underline">acts</hi>, and of the <del>persons</del> members present at <!-- brackets in pencil --> [in the formation <add>the passing of</add><lb/>of the decisions by which the sanction of the Board is given<lb/>to] these several <hi rend="underline">acts</hi>. Therefore it may be concluded (but<lb/>will it be contended?) what has been said above about <add>invisible</add> anonymous<lb/>Judges and <add>invisible</add> anonymous judicature <add>and irresponsibility</add> has no application<lb/>here. For, supposing <del>any</del> on this or that occasion<lb/>any <del><gap/> they</del> improper conduct to have taken place, this <add>it</add><lb/> can not have taken place but in virtue of some act passed —<lb/>some resolution taken by the Board, of which <unclear>recitation</unclear><lb/>entry being regularly made in <add>the part of</add> the Minute Book, <add>as well</add> and<lb/><del>n</del> in another part, an entry of the Members present on<lb/>that day, thus it is that for every such supposed instance<lb/>of misconduct those <del>notes</del> who participate in it will be known,<lb/>those who participate in it will be responsible.</p> <p><note>2<lb/>Answer. <sic>N<hi rend="superscript">o</hi></sic> 2<lb/>Howsoever they may<lb/>serve for <hi rend="underline">legal</hi> responsibility,<lb/>they will<lb/>not for <hi rend="underline">moral</hi>.</note></p> <p>All this or something like it may for ought I<lb/>know, have place: but all this, and more will not<lb/>suffice to constitute what under the name <add>description</add> of responsibility<lb/>I have in view: <del>it is not spr</del> <add>in</add> whatsoever <del>species</del> <add>shape</add> of<lb/><del>miscond</del> <add>misbehaviour</add> may on any occasion come to be projected, registration<lb/>thus conducted, will not operate <add>in relation to it in the character</add> as an efficient<lb/>check. <del>upon it</del></p> <p>The <add>sort of</add> responsibility which I have in view — the<lb/>sort of responsibility which in my view of the matter is necessary<lb/>to ensure <add>secure</add> good behaviour on the part of public<lb/>men, is not <add>mere</add> legal responsibility, <hi rend="superscript">[+]</hi> <note><hi rend="superscript">[+]</hi> responsibility subjecting<lb/>the functionary<lb/>in question to eventual<lb/>punishment at<lb/>the hands of some judicatory</note> but <add>what may be termed</add> <hi rend="underline">moral</hi> responsibility —<lb/>a sort of responsibility, which without the forms<lb/>of <add>and hazards of legal</add> trial, shall in the <add>case</add> event of misconduct subject the<lb/><del><gap/></del> transgressor <del><gap/></del> at the hands of all such persons to<lb/>whom it may happen to the transaction to become known, <add>subject him</add> to a<lb/>proportionate degree of disorder <add>reproach</add> discredit and disrepute.</p> | ||
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10 Aug. 1808 V + A
To Mallet
(1) V Irresponsibility
1. Minutes no check
1
Objection — By Minute
Books an Official
cause of responsibility.
Minute Book
viz. in which the
several acts with the
names of the Members
present at each act
are noted.
The Board (it may perhaps be observed) has its Minute
Book and in that Book n entries are made of its
several acts, and of the persons members present at [in the formation the passing of
of the decisions by which the sanction of the Board is given
to] these several acts. Therefore it may be concluded (but
will it be contended?) what has been said above about invisible anonymous
Judges and invisible anonymous judicature and irresponsibility has no application
here. For, supposing any on this or that occasion
any they improper conduct to have taken place, this it
can not have taken place but in virtue of some act passed —
some resolution taken by the Board, of which recitation
entry being regularly made in the part of the Minute Book, as well and
n in another part, an entry of the Members present on
that day, thus it is that for every such supposed instance
of misconduct those notes who participate in it will be known,
those who participate in it will be responsible.
2
Answer. No 2
Howsoever they may
serve for legal responsibility,
they will
not for moral.
All this or something like it may for ought I
know, have place: but all this, and more will not
suffice to constitute what under the name description of responsibility
I have in view: it is not spr in whatsoever species shape of
miscond misbehaviour may on any occasion come to be projected, registration
thus conducted, will not operate in relation to it in the character as an efficient
check. upon it
The sort of responsibility which I have in view — the
sort of responsibility which in my view of the matter is necessary
to ensure secure good behaviour on the part of public
men, is not mere legal responsibility, [+] [+] responsibility subjecting
the functionary
in question to eventual
punishment at
the hands of some judicatory but what may be termed moral responsibility —
a sort of responsibility, which without the forms
of and hazards of legal trial, shall in the case event of misconduct subject the
transgressor at the hands of all such persons to
whom it may happen to the transaction to become known, subject him to a
proportionate degree of disorder reproach discredit and disrepute.
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Identifier: | JB/122/286/001"JB/" can not be assigned to a declared number type with value 122. |
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1808-08-10 |
1-2 |
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122 |
Panopticon |
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286 |
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001 |
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Text sheet |
1 |
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Recto"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property. |
C1 |
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See note 5 to letter 1986, vol. 7 |
001 |
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