★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
Click Here To Edit
SECT. Parts of a Law.
Whether binding
upon conscience.
The division of Laws struck out in this place by
our Author, is worth attending to. There are five
sorts of things [that] he mentions [as] objects of the Laws
1 Rights. 2 Natural Duties ,3 Offences mala in se. 4
Positive Duties. 5thly Mala Offences mala prohibita:
These at least of I am whether
These 5 things are opposed to each other. The
Laws that respectively concern them are different
so that they serve to distinguish the Laws into 5 different sets of Laws. This
at least is seems to have been his notion, as far as I can judge: tho' I am
not quite certain whether by the Laws concerning
the 2d and 3d, as also the Laws concerning the
4d and 5th sorts may not have been considered
by him as the same. If so, this will reduce our
5 sets of Laws to three. At any rate the Laws
occupied inwhose business it is to "determine rights" are contra-distinguished
from those that are occupied in prescribing
duties; and upon the first supposition, from those
also whi that are occupied in creating offences concern [about] offences.
Whichever of these is our author's notion, mine is
very different. Mine is that rights, duties, and
offences [may] all arise out of one and the same
Law. Nay That no right can not spring from arise out of a Law,
but a Duty and an Offence spring with it.
This truth of the may easily be made visible. Let
Titius's field be brought once more upon the carpet.
|
Identifier: | JB/028/077/001 "JB/" can not be assigned to a declared number type with value 28.
|
|||
|---|---|---|---|
|
028 |
comment on the commentaries |
||
|
077 |
[[info_in_main_headings_field::sect. [ ] parts of a law]] |
||
|
001 |
|||
|
text sheet |
3 |
||
|
recto |
|||
|
jeremy bentham |
[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
||
|
9342 |
|||