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<p><!-- pencil -->26 July 1810<lb/> | |||
<!-- pencil --><head>Defence</head></p> | |||
<p>that is to say of a representative of the people at large, placed <add><del><gap/></del> deputed</add><lb/> | |||
<del>the case by</del> <add>by such of them as have a share in the <gap/></add> as the character of a <gap/> – or agent for the population<lb/> | |||
<del>4. But it is not too much to say that any such</del> <add>of the whole empire, to fill a seat in that assembly to which</add><lb/> | |||
<del>captures made without otherwise than in the way of</del> <add>belongs one the principal out of them shares in the legislative department</add><lb/> | |||
<del>necessary retaliation for past injury, or necessary security</del> <add>of government together with the right <del>of controul and</del></add><lb/> | |||
<del>against justly apprehended future injury, is in</del> <add>and duty of watching over the exercise of every other standpoint</add><lb/> | |||
of guilt <add>moral turpitude</add> on the same footing as <hi rend="underline">piracy</hi>. And<lb/> | |||
though when sanctioned by <add>public functionaries exercising</add> the depositories of<lb/> | |||
sovereign power in a state no injury how <add>howsoever</add> flagrant<lb/> | |||
<add>is</add> received according to the usage of language <add>comprehended under</add> the name of<lb/> | |||
<hi rend="underline">piracy</hi>, yet by this difference <add>in respect</add> of denomination, so<lb/> | |||
far as guilt is concerned, no difference is made in<lb/> | |||
the nature of the act.</p> | |||
<p>And if, <del>bes</del> instead of being committed by unauthorized<lb/> | |||
individuals, depredation in this form is<lb/> | |||
committed <del>the</del> by order or with <add>under</add> the sanction of the superior<lb/> | |||
power in a State, the mischief and with it the<lb/> | |||
guilt is <add>by</add> so much the greater in proportion as the <add>hand</add> power<lb/> | |||
by which it is committed is the more irresistible,<lb/> | |||
and redress the more hopeless.</p> | |||
<p>5. It therefore seems to be not too much to say that<lb/> | |||
a law ought to be made in such sort <add>to such effect</add> that the temptation<lb/> | |||
to authorize the commission of depredation in this<lb/> | |||
shape without sufficient <unclear>cause</unclear> <add>shall be taken away:</add> – the <hi rend="underline">temptation</hi>, and<lb/> | |||
along with it the <hi rend="underline">suspicion</hi> which in <del>the mind of</del><lb/> | |||
every rational and impartial <del>part</del> <add>mind</add> is <unclear>inseparably</unclear><lb/> | |||
attached to every case in which unnecessary <add>and useless</add> experience<lb/> | |||
to <del>this or any other</del> temptation in this or any other shape<lb/> | |||
may be removed.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Ready_For_Review}} |
26 July 1810
Defence
that is to say of a representative of the people at large, placed deputed
the case by by such of them as have a share in the as the character of a – or agent for the population
4. But it is not too much to say that any such of the whole empire, to fill a seat in that assembly to which
captures made without otherwise than in the way of belongs one the principal out of them shares in the legislative department
necessary retaliation for past injury, or necessary security of government together with the right of controul and
against justly apprehended future injury, is in and duty of watching over the exercise of every other standpoint
of guilt moral turpitude on the same footing as piracy. And
though when sanctioned by public functionaries exercising the depositories of
sovereign power in a state no injury how howsoever flagrant
is received according to the usage of language comprehended under the name of
piracy, yet by this difference in respect of denomination, so
far as guilt is concerned, no difference is made in
the nature of the act.
And if, bes instead of being committed by unauthorized
individuals, depredation in this form is
committed the by order or with under the sanction of the superior
power in a State, the mischief and with it the
guilt is by so much the greater in proportion as the hand power
by which it is committed is the more irresistible,
and redress the more hopeless.
5. It therefore seems to be not too much to say that
a law ought to be made in such sort to such effect that the temptation
to authorize the commission of depredation in this
shape without sufficient cause shall be taken away: – the temptation, and
along with it the suspicion which in the mind of
every rational and impartial part mind is inseparably
attached to every case in which unnecessary and useless experience
to this or any other temptation in this or any other shape
may be removed.
Identifier: | JB/547/055/001"JB/" can not be assigned to a declared number type with value 547. |
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1810-07-06 |
3-5 |
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547 |
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055 |
Defence |
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001 |
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Text sheet |
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Jeremy Bentham |
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