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29 June 1811 1811 June 29 9 Fallacies
V. ad superstitionem Ch. 1. Generalia §. Exposition or Exposure §.1. I. Parties
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9 or 1 Parties capable of being concerned in an engagement of the kind in question — the Sovereign of a state being in all cases one. The other
In the case here in question a species of contract an engagement is by the supposition considered as having place, and an engagement supposes has parties more parties viz. more than one; and in the case here in question, of the two parties the sovereign of the state in question is one.
10 or 2 The other may be a party without the state, or do within the state.
As to the party it may be either a party whose station is without the state in question, or a party whose station is within the state.
11 or 3 If without the state, it must be the sovereign of such state: viz: immediately or alternately since without permission ex from his own sovereign the subject if any state can not contract with the sovereign of another.
If a party without the state this party is either explicitly or implicitly the sovereign of that such other state. For if a the case be such that the other party is by the terms of the contract not the sovereign but a subject of such foreign state, still by the nature of the case, by the nature of the relation between subject sovereign and subject in every political state, the subject of the foreign state can not be bound any further than the as his sovereign is bound with him. For a by whatsoever tie the subject of a foreign state is capable of being bound to the sovereign of our own state the proposed state in question, it can not ever be so strong but that the tie by which he is bound to the subject of his own state is still stronger. He therefore can not be bound to the sovereign of a state other than his own any further than it is in the pleasure of the sovereign of his own state to permitt him so to bind himself, and in virtue and to the extent of such permission to hold himself bound likewise
11(a) or 3(a) Difficulties of which is General answer in point of fact, on each occasion Next 3 lines of this note interlinear with marginal text extension below which however of punishment over time
Horizontal line Note (a) (a) The question under concerning who of subjection and sovereignty as between sovereign and sovereign, i.e. with relation to which of two sovereign given individual is to be considered as subject is a question of great nicety and susceptible of many modifications, and beset with encompassed by a proportionable number of difficulties. So far as concerns the the question matter of fact, the simplest and it should seem the truest answer is — On any each given occasion occasion, and fir any given length of time you are the subject of that sovereign in whose power it is on that occasion and during that length of time to inflict suffering on you to the greatest amount. It is in this way and to this purpose and extent that each
is then greatest.
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9 or 1 - 11 or 3, 11a or 3a |
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jeremy bentham |
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