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SECT. VII. Municipal Law
We now come to the concluding clause of the definition
"commanding what is right, and prohibiting what
"is wrong.
This being the case with a Law, three consequences it should seem must follow.
1st That be what a Law commanded what it is to
command, or prohibited, what it is to prohibited, it
hardly business.
2dly That what the action it commands must be something that is
already right already, what it prohibits something that is already
wrong, else it is not a law.
2dlt 1st That what it commands must be an a right action that is
not right, but what it prohibits, an a wrong action that is not
else it is no Law. For "a municipal Law, is a
"rule" ... – "commanding what is right, and" (I should rather
2dly have said or) "prohibiting what is wrong".
2dly That the action it commands must be something
that is right already, the action it prohibits something that is wrong already, that is before the Law in
question goes to work upon it: else on this account it is no Law. For "a municipal
"Law is a rule" ... "commanding what is right,
"and prohibiting what is wrong". Commanding what
shall (or is to be) right, prohibiting what shall (or
is to be) wrong, is what a man would naturally
have said that had he meant otherwise. than as above
[mentioned.]
3dlyThat which has recommended what is
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jeremy bentham |
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