JB/117/322/001

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April 1811

Reasons

7. By the constriction put upon the restraining Act
in question by the judicial authorities the restriction
has been confined to trades known and exercised at
the time of passing the Statute: all other trades and
occupations have thereby so far as concerns the statute
been declared free. It [has] therefore been the result
of accident and not of reason that these later posterior/more modern trades
have been deprived of the this supposed benefit if such it
be of the monopoly that still continues to have
place in the case of the anterior and more
antient trades.

On the principle of the Statute—the only principle
on which it can be justified any attempt at justifying
it can be made, if it the effect of the monopoly in
question be beneficent a benefit to the trade to which it applies
it is an injury injustice to any trade to deprive it
of this benefit, and the equally equal the proportion in which the benefit
applies to the several existing trades, antient and
modern and antient, the less this injustice. Of
the existing law coupled with the forced judicial constriction put
upon it the effect is to accumulate the supposed inconvenience inexperienced
labour upon the modern trades. In the case of the Convict
part of the population, by adding to the mass of
inexperienced labour, and thence to the supposed inconvenience which presses already
upon the free and unrestricted trades. Under the proposed
law this supposed inconvenience would if it be an inconvenience
be pro tanto done
away. The greater
the number of convicts
that spread over the
that diffused themselves
though the mass of
the restricted trades
the less the number of
them that on the in question contributed
to overload the unrestricted
trades.

Identifier: | JB/117/322/001"JB/" can not be assigned to a declared number type with value 117.
Date_1	1811-04	Marginal Summary Numbering
Box	117	Main Headings	panopticon versus new south wales
Folio number	322	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d3 / f3
Penner	jeremy bentham	Watermarks	th 1806
Marginals		Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	38939
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