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Of the Statute Law. The Kinds of Statutes enlarging and restraining. B. CH
conduct or the powers given by law ever men's contains: conducted or
whether any thing and what besides. It were worth
while to be determined about this; because the
effects of the two sorts of enlarging and restrain—
ing are lain contrary. A law that enlarges
the liberty of acting, restrains the law power & by that means the law that before
restrained, it: a Law that restrains the liberty
of acting, enlarges the power and the makes the system of power established
law in restraint of it more larges than it
was before.
The truth is, unable it tell the matter be settled, there is no stat—
ute whatever that ought to be called on en—
larging one, but ought for as good reason to be
called a restraining one: for to be enlarge the
power of one man, there is but one way, and
that is to restrain the conduct of another.
To judge from his examples to rule our Author's
had set himself for determining whether a statute is an enlarging
or restraining one is not a what less precise
and luculent than this: viz. that where any
many can be found, be it what it will that
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of the statute-law the kinds of statutes - enlarging and restraining |
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jeremy bentham |
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