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29 Jany 1809 Peines
15 Paley Confronted 4 "law Constructed on better con policy" - This supposes a comprehensive view to have been taken of the field of legislation but no such view has been taken except for the purpose of keeping the law as bad as possible
Construction supposes, Constructed? — by whom and when constructed?
if not necessarily naturally at least an architect: a person by whom, according to a regular and formed design,
the whole field of action has been taken into contemplation and kept in
contemplation, and surveyed with a actual and comprehensive and
reflecting projecting eye. censorial, and to the extent of the errors viewed in it, an inventive a <add>censorial eye</add> In England — (or the law of England —
where is there - where by has there ever been - where is there likely to be — any such
public functionary? Exists then any such in the country that human being, [+]
[+] at least any rate that human being possessing any reach or influence in the state,
who
cares for about the state of the law, whether it be good or bad -
whose interest it is to care about it except for the purpose
of keeping it as bad as it is and making it as
much worse as it can be made - whose duty it is to
care about it - or who, by any other human being
is so much as supposed to care about it?
5 For the financial part of the Law an Inspector has to exists viz. the Chancellor of the Exchequer - but for the other part though equally requiring such controul no such officer exists
Exists then, in a word to describe his function in a word any such functionary as
an Inspector General of the law? of the particular and comparatively
small narrow branch which regards finance, yes; yes, though not
in name or nature, viz. the Chancellor of the Exchequer.
And why? because if, for this branch, there were not a person <add>functionary thus charged</add> government
could not, in any part of it go on at all, well or ill, :
not even as it has done and does do:: in the way it has stood and does stand: which is all that
any body thinks of, who has power or influence over or could know to be thought to think of.
6 The construction supposed by Paley not being ascribable to any specific architect all that he could do was to make the description serve for the justification of it
No: as it is, architect constructing, — or any person like an architect -
the Reverend Doctors case find none: none, unless it be himself, whom and
whom alone, [+]
[+] unless [+] when occupied in the of this not he had as history has been heard to whisper, he had a councillor at his elbow
this policy, such as it is, may challenge for its
author. The The edifice being put together, and from first to last
without a plan, — required what is required is a plan which shall at once describe
and justify it? Such is the problem which the Reverend Doctor
proposed to himself to solve: and such is the solution he has given of it.
Identifier: | JB/107/216/001"JB/" can not be assigned to a declared number type with value 107. |
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1809-01-29 |
4-6 |
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107 |
law versus arbitrary power (a hatchet for dr paley's net) |
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216 |
peines |
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001 |
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text sheet |
1 |
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recto |
e15 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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35207 |
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