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<hi rend='superscript'>(8</hi>)<lb/><head>Observations</head><lb/>Be this as it may with respect to the regulation <del>of</del> itself,<lb/> | <hi rend='superscript'>(8</hi>)<lb/><head>Observations</head><lb/>Be this as it may with respect to the regulation <del>of</del> itself,<lb/> | ||
the <del><gap/></del> of enforcing it seems to have been chosen but<lb/>unhappily. The penalty of <add>one man's</add> transgressing the <del><gap/></del> prohibition<lb/>of the Law is cast unnecessarily upon <del>the Publican</del> <add>another.</add> A power<lb/>is given <add>unnecessarily</add> to one man to do an injury to another. The danger<lb/>was, least the persons to whom the authority is given<lb/>should abuse it in order to <sic>shew</sic> undue favour to their<lb/>friends. | the <del><gap/></del> of enforcing it seems to have been chosen but<lb/>unhappily. The penalty of <add>one man's</add> transgressing the <del><gap/></del> prohibition<lb/>of the Law is cast unnecessarily upon <del>the Publican</del> <add>another.</add> A power<lb/>is given <add>unnecessarily</add> to one man to do an injury to another. The danger<lb/>was, least the persons to whom the authority is given<lb/>should abuse it in order to <sic>shew</sic> undue favour to their<lb/>friends. To <del>avoid</del> <add>obviate</add> this, a power is unnecessarily given them<lb/>to <del>hurt</del> <add>do injury to</add> their enemies. A <add>disqualified</add> Magistrate has but to set his<lb/>hand to the license of a Publican, and that license <sic>tho'</sic> granted by <add>the unanimous suffrage of</add> every qualified Magistrate is to become void.<lb/>The obvious way was not to make the concurrence of a disqualified<lb/>person destroy <add>operate to</add> the license, but to make it not<lb/>operate at all.<p>paragraph</p>In this respect the method adopted goes beyond the intention.<lb/>In another it falls short of it. It <del>signifies little</del> <add>is of little avail</add> the preventing<lb/>a Magistrate from signing the license himself, while<lb/>he can prevail on others to sign it. The only way to prevent this is to exclude him utterly <del><gap/></del> from interfering<lb/>in the business: and the <del>whole</del>only practicable <del>mea</del><lb/>sure to <add>be taken</add> measure to prevent him for excluding him] from interfering in the business, is<lb/>to forbid his being present. if, being forbidden, he transgresses<pb/> | ||
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(8)
Observations
Be this as it may with respect to the regulation of itself,
the of enforcing it seems to have been chosen but
unhappily. The penalty of one man's transgressing the prohibition
of the Law is cast unnecessarily upon the Publican another. A power
is given unnecessarily to one man to do an injury to another. The danger
was, least the persons to whom the authority is given
should abuse it in order to shew undue favour to their
friends. To avoid obviate this, a power is unnecessarily given them
to hurt do injury to their enemies. A disqualified Magistrate has but to set his
hand to the license of a Publican, and that license tho' granted by the unanimous suffrage of every qualified Magistrate is to become void.
The obvious way was not to make the concurrence of a disqualified
person destroy operate to the license, but to make it not
operate at all.
paragraph
In this respect the method adopted goes beyond the intention.
In another it falls short of it. It signifies little is of little avail the preventing
a Magistrate from signing the license himself, while
he can prevail on others to sign it. The only way to prevent this is to exclude him utterly from interfering
in the business: and the wholeonly practicable mea
sure to be taken measure to prevent him for excluding him] from interfering in the business, is
to forbid his being present. if, being forbidden, he transgresses
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Identifier: | JB/079/083/004"JB/" can not be assigned to a declared number type with value 79. |
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jeremy bentham |
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