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SECT.. Parts of a Law.
(38
Sanctional.
The [purpose of the] next paragraph is to tell us that in the first place punishments
are more efficacious than rewards, which we were told
before: in the next place that the words "compelling" and "obliging" and "compulsory"
are applied to said of punishment, and "persuading" and "alluring"
of to reward: for which we are not much the wiser [than we
were before,] although what is said of a reward is persuading
and alluring is pretended to be deduced from a profound
contemplation of the very "nature" of it: and
in the last place, that for all this, the a Law's bidding a man to do a
thing does not make it "impossible for him to do
otherwise: which no mortal alive would could have dre
dreamt it should, but our author himself: who
in respect of some of the things he calls Laws,has maintained the affirmative almost in these very
words, as we have [abundantly] shewn already.
And now to wind up this account of Law and
of it's parts we have a little casuistry.
"Legislators p. 57. and their Laws are said to compel and oblige;
not that by any natural violence they so constrain
a man, as to render it impossible for him to
act otherwise than as they direct; which is the strict
sense of obligation: but because, by declaring and exhibiting
a penalty against offenders, they bring it to pass
that no man can easily choose to transgress the Law;
since, by reason of the impending correction, compliance
is in a high degree preferable to disobedience. And
even where rewards are proposed as well as punishments
threatened, the obligation of the Law seems chiefly to consist
Identifier: | JB/028/075/003 "JB/" can not be assigned to a declared number type with value 28.
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[[info_in_main_headings_field::sect. [ ] parts of a law]] |
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jeremy bentham |
[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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