JB/028/075/004

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39

SECT. Parts of a Law
Sanctional

in the penalty: for rewards , in their nature, can only
persuade and allure; nothing is compulsory but
punishment.

And now to wind up this account of Law and
it's parts we have a little casuistry. The l old story
about the Law hold that the Law has "upon the consmen's
consciences. This passage [is deserving of]merits particular attention.

"It is held", [holden] says he, "it is true, and very justly, (so
"justly that he holds clean contrary himself) that human Laws
"are binding upon men's consciences. But if that were
"the only, or the most forcible sanctionobligation (meaning I suppose
"that of the sanction created by the Law itself, the political
"sanction as I call it) the good only would regard
"the Laws, and the bad would set them at defiance. And
"true as it this principle is, it must be understood with
"some restriction. It holds, I apprehend, as to rights; and that,
"when the Law has determined the field to belong to Titius,
"it is matter of conscience no longer to withold or to
"invade it. So also in regard to natural duties, and
"such offences as are mala in se: here we are bound
"in conscience, because we are bound by superior
"laws (not then [because] that we are bound by Lawshuman Laws)
"before those human Laws were in being, to perform the
"one and abstain from the other. But in relation to those
"Laws which enjoined only positive duties, and forbid
"only such things as are not mala in se but mala
"prohibita merely, annexing a penalty to non-compliance,

Identifier: | JB/028/075/004 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering
Box	028	Main Headings	comment on the commentaries
Folio number	075	Info in main headings field	[[info_in_main_headings_field::sect. [ ] parts of a law]]
Image	004	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f36 / b37 / f38 / b39
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] propatria [britannia motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9340
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