★ Find a new page to transcribe in our list of Untranscribed Manuscripts
No edit summary |
No edit summary |
||
Line 3: | Line 3: | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
<!-- Code last para --> | |||
<head>1824. August 14<lb/> | |||
Constitutional Code</head> | |||
<note>+ 5<lb/> | |||
Used 5</note> | |||
<note>Ch. XII. Judiciary collectively<lb/> | |||
§.17. Sistitive function</note> | |||
<p>Suppose for example a law authorizing <del><gap/></del> <add>such</add><lb/> | |||
<del>the</del> foundations <del>whereby having</del> <add>as have</add> for their object, <add>the promoting by application made of <note>the matter of reward</note></add> the discovery<lb/> | |||
and propagation of useful truth <add>in art and science in general, in</add> in this or that branch<lb/> | |||
of art and science. Under this law, <del>money is lodged</del> <add>a mass of <unclear>property</unclear> (suppose)</add><lb/> | |||
by a certain individual lodged in the hands of<lb/> | |||
<del>in</del> a set of trustees, <del>app</del> the number of whom is to be<lb/> | |||
kept filled up by election: <del>and</del> <add>but</add> the reward, which <del>they</del><lb/> | |||
by the instrument of foundation they are <del>directed</del> <add>enabled</add> to<lb/> | |||
offer are directed to be offered — not for discourses on the<lb/> | |||
question whether a certain <del>proposition</del> <add><del><gap/></del> opinion</add> is true, but for such<lb/> | |||
discourses only as have for their object the proving the<lb/> | |||
truth of it. <add>Suppose now, that</add> Before any such reward has been offered,<lb/> | |||
it appears to a certain Judge that <del>by <gap/><gap/><gap/> <add><gap/></add></del> <add>if by a provision thus offered</add><lb/> | |||
<del><add>of whatever</add> <gap/><gap/> rendered <add><gap/><gap/></add> by a provision thus offered, <gap/></del> <add>other</add> than<lb/> | |||
<del>any effect cause</del> <add>any effect</add> was cause to be produced, other than<lb/> | |||
what would have place without it, <del><gap/><gap/><gap/> <add><gap/><gap/><gap/></add> <add><gap/><gap/><gap/></add></del><lb/> | |||
it will be the <unclear>prevalence</unclear> not of <del>the <gap/></del> right but of erroneous opinion<lb/> | |||
<del><gap/><gap/><gap/> would be produced</del>, and along with it, of<lb/> | |||
the sin of insincerity, <del>with <gap/></del> <add>which the <del><gap/></del> power of the law will thus <note>be employed in</note></add> <unclear>rewarding</unclear>, and<lb/> | |||
propagating. <del>by from the power of the law.</del> He accordingly<lb/> | |||
proposes an amendment, having for tis object the exclusion<lb/> | |||
of this evil:<hi rend="superscript">[+]</hi><lb/> | |||
<note><hi rend="superscript">[+]</hi> for example by<lb/> | |||
forbidding under a<lb/> | |||
penalty —<gap/> every<lb/> | |||
such act of subornation.</note><lb/> | |||
Here, supposing the amendment <add>immediately</add> ad-<lb/> | |||
proposed before any offer made, before any offer made of any such<lb/> | |||
<add>provision, and immediately</add> adopted, no retroactive effect, productive of pain to any individual,<lb/> | |||
will be the result: for in <add>the breast of</add> no individual <del>breast</del> <add>in particular</add><lb/> | |||
<del><gap/></del> <add>can</add> the expectation, of <del>reward</del> any determinate portion<lb/> | |||
of reward, <del>by</del> <add>to be earned by mental</add> exertion, so directed, have taken place.</p> | |||
<p>Not so, if a supposing the amendment proposed not proposed,<lb/> | |||
till after the time, when in consequence of the offer a discovery<lb/> | |||
having for its object the earning of the reward had been<lb/> | |||
penned: in this case, to stop the supposed mischief it would not be<lb/> | |||
necessary that the expectation already formed should be <gap/><lb/> | |||
sufficient to inhibit any such act of subornation<lb/> | |||
in future: it would not be necessary to stop the payment of the<lb/> | |||
reward to the <gap/> individual by whom it had bee so earned.</p> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} |
1824. August 14
Constitutional Code
+ 5
Used 5
Ch. XII. Judiciary collectively
§.17. Sistitive function
Suppose for example a law authorizing such
the foundations whereby having as have for their object, the promoting by application made of the matter of reward the discovery
and propagation of useful truth in art and science in general, in in this or that branch
of art and science. Under this law, money is lodged a mass of property (suppose)
by a certain individual lodged in the hands of
in a set of trustees, app the number of whom is to be
kept filled up by election: and but the reward, which they
by the instrument of foundation they are directed enabled to
offer are directed to be offered — not for discourses on the
question whether a certain proposition opinion is true, but for such
discourses only as have for their object the proving the
truth of it. Suppose now, that Before any such reward has been offered,
it appears to a certain Judge that by if by a provision thus offered
of whatever rendered by a provision thus offered, other than
any effect cause any effect was cause to be produced, other than
what would have place without it,
it will be the prevalence not of the right but of erroneous opinion
would be produced, and along with it, of
the sin of insincerity, with which the power of the law will thus be employed in rewarding, and
propagating. by from the power of the law. He accordingly
proposes an amendment, having for tis object the exclusion
of this evil:[+]
[+] for example by
forbidding under a
penalty — every
such act of subornation.
Here, supposing the amendment immediately ad-
proposed before any offer made, before any offer made of any such
provision, and immediately adopted, no retroactive effect, productive of pain to any individual,
will be the result: for in the breast of no individual breast in particular
can the expectation, of reward any determinate portion
of reward, by to be earned by mental exertion, so directed, have taken place.
Not so, if a supposing the amendment proposed not proposed,
till after the time, when in consequence of the offer a discovery
having for its object the earning of the reward had been
penned: in this case, to stop the supposed mischief it would not be
necessary that the expectation already formed should be
sufficient to inhibit any such act of subornation
in future: it would not be necessary to stop the payment of the
reward to the individual by whom it had bee so earned.
Identifier: | JB/042/434/001"JB/" can not be assigned to a declared number type with value 42. |
|||
---|---|---|---|
1824-08-14 |
not numbered |
||
042 |
constitutional code |
||
434 |
constitutional code |
||
001 |
|||
text sheet |
1 |
||
recto |
d5 / e5 |
||
jeremy bentham |
j whatman turkey mill 1823 |
||
admiral pavel chichagov |
|||
1823 |
|||
"used" |
13357 |
||