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SECT. Parts of a Law.
Whether binding
on Conscience
The Law gives Titius the right to it. By
what means? How? By making it the duty of other
men not to meddle with it, and by making it an
offence in them if they do. That is by appointing
a punishment for those who do. For that is what
the Law itself does. That The affair of it's having prescribed
a duty, and created an offence is only the language
we use in speaking of what the Law has done. They are
different turns of expression of our own concerning
the what the Law has done at one operation, by
one expression of will: not different operations.
Thus much concerning the distinction between rights, duties, and offences.
I am apt to As to duties and offences I in the midst of the [inscrutable] almost [unsearchable] profound
darkness of our Author's discourse I am apt sometimes to think
that owing to some obscure perception of what has been
said, he did look upon mean speak of them as relating expressions belonging to the
same acts, and to the same Laws concerning those acts,
and not and that it is in apposition, not in opposition that
he meant to place them. Be that as it may, it
is certain that by with respect to mala in se, and mala prohibita
he meant otherwise. By these he meant two entirely distinct sets of acts treated
of by two entirely distinct sets of Laws.
It is in vain to regret that he has not given us a list
of the sorts of acts that come under each description:
a task this which had he imposed on himself,
and gone about to execute, would probably have cured him
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[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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