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10
1822 July 4.
Constitutional Code. Rationale
82 14. +
3. Nor against any
functionaries not acting
in opposition to his
will or interest.
Unendurable to him the idea
that by hands located by
him and not dislocated,
power can have
been abused: that wrong
can have been done
by him, by whom wrong
is converted into right.
83 15. +
IV. Equality. Greatest
happiness etc. required
that so far as consists
with seniority, subsistence
and abundance,
this instrument of
felicity be maximized.
Because by whatsoever
A has less than B. A
has more than B
gains.
84 16. +
In a Republic, this
is anxiously provided
for: regarded as a security
for security: viz.
of non-functionaries
against functionaries.
85 17. +
To Monarch it is odious.
It puts a negative — not
only upon all loss by
which he profits, but
upon his very office.
It give to all men
the protection of the law
against all misdeeds of
his, and those who share
in his sinister interest.
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86 18. +
III. Penal Code. Specific
ends in view:
1. Beneficial effect of
Civil Code maximized
2. Punishment minimized.
87 19. +
I. Beneficial Effects etc.
maximized.
To the extent of the
coincidence, as above, his
interest requires, that by
this and other means
those effects be maximized:
but, to the extent of
the opposition, that they
be minimized: but that
the opposite evils have
place.
88 20. +
III. Punishment minimized.
So far as by punishment
misdeeds beneficial to
the sinister part of his
interest will be repressed,
his interest requires
that it be minimized:
or rather not inflicted,
but so far as by 29 acts
tending to afford security
against misdeeds so
beneficial to his interest,
or the pleasure of
vengeance afforded to
him, or security to his
ease encreased, his
interest requires that it
be maximized.
For exemplifications
see Sketch etc. as above.
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89 21. +
III. Specific ends consisting
in the encrease
of felicity, so far as
depends on its internal
instruments viz. inward
virtue: or say with relation
to felicity, internal
aptitude.
This virtue is either
1. Moral — viz. Effective
benevolence.
2. Intellectual: viz. self
-regarding prudence.
Within these two all
others are includible.
90 22. +
I. Effective benevolence.
This too his particular
and sinister interest,
as above, requires to be
excluded in so far as
incompatible with it:
& the opposite
or modes of inaptitude
(with reference to greatest
happiness) maximized.
91 23. +
For the arrangements
made to this effect see
below. Sketch of
English Law, considered
in relation to the proper
end of government!
92 24. +
II. Intellectual virtue,
including sound judgment,
and useful knowledge.
Sound judgment i.e.
1. Self-regarding prudence
2. Extra regarding do
93 25. +
This too, in its above
branches his particular
and sinister interest,
as above, requires to be
excluded, in so far as
incompatible with it: and
the opposite vices (here say
infirmities) or modes
of inaptitude etc. maximized.
For exemplification see
Sketch etc. as above.
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94 26. +
Conclusion. Such the
predominance of the
sinister branch of
Monarch's interest, that
the right and proper
branch can never suffice
to prevent or
considerably retard the
consummation of the
sinister sacrifice.
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