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14 July 1802 30
N. S. Wales
Think not, my Lord that for the purpose of
this or any other argument I mean to confound
what it is but too natural and too common
to confound in legal arguments ideas so unhappily distinct
as those of utility and law: abstract utility and that which, were it unburthened
actually existing law would be most consonant to utility — and that which <add>actually is established
vs. Law. How in [No, my Lord: how wide clear, the distinction
is but too well known to one] What I
mean to say is that on this occasion, as under unquestionably
on many occasions, so it happens that what
is consonant to utility is also — nay (and
I am happy to be able to say) and for that any reason —
is consonant to law. The constitution foundation of this
happily most unexampled Colony is not less repugnant to the
known, fundamental established law of the land
than it is to good faith, humanity, and justice. It
would have been so, had even the Colony had a constitution
and that constitution given to it even with the consent
of the intended Colonists. Your Lordship has seen as much this
already: seen it in the decision disputed by Lord Coke.
How much more flagrantly so under a constitution forced
upon the inhabitants without their consent: forced for the
upon them for the very purpose of converting a temporary
servitude with a universal and never-ending slavery.
But it is time for us to be silent. Let Magna
Charta be heard to speak for me and let Lord Coke to speak for
Magna Charta.
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Identifier: | JB/116/175/001"JB/" can not be assigned to a declared number type with value 116. |
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1802-07-14 |
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116 |
panopticon versus new south wales |
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175 |
n. s. wales |
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001 |
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text sheet |
1 |
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recto |
f30 |
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jeremy bentham |
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37708 |
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