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SECT. Parts of a Law. 37
Sanctional
"Constable apprehend"...... Let the Judge condemn....
Let the Sheriff execute... All this is nothing,
until you have subjoined ..." him who is to be
hanged. And if any one is to be hanged, it is
because in Theft the crime instanced the Primary Substantive Law has said in the
Directory part of it Steal not, and in the Sanctional ...
or thou shalt be hanged. Nobody would
be to be executed nobody to be condemned, nobody
to be hanged apprehended, if the Law nobody had
been to be hanged: nor any body to be hanged,
if nobody were to steal.
The Directory part of a Law is the compleat
expression of an absolute unconditional will: it may
stand compleat of itself, as a logical proposition, and<add>or as a grammatical</add>
Sanctional part if of the
sentence. The Sanctional part is the expression
of a will of the Legislator that is such only upon
condition. Omit the conditional particle, the particle
[if] or something equivalent that points to the
condition; it may stand compleat as a proposition
and as a sentence: it is the expression of a will : but
of a will that being divested of the conditionality is not the Legislator's real one.
Add the conditional particle, it is neither a compleat
sentence proposition nor a compleat sentence: it is not the expression
of a will: but only the fragment of such
an expression.
Identifier: | JB/028/075/002 "JB/" can not be assigned to a declared number type with value 28.
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comment on the commentaries |
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075 |
[[info_in_main_headings_field::sect. [ ] parts of a law]] |
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text sheet |
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recto |
f36 / b37 / f38 / b39 |
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jeremy bentham |
[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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