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8)
Common Law. Division of it into Customs and Maxims.
sense is, that the King can not do any act that is
wrong, without subjecting himself to punishment: the
in order words, that if he does any such act, he will
be punished. In Of this sense the very reverse is that which is true
and that which is meant to be convey'd.
The senses that have been meant to be convey'd by it
are these ...
1st That any act mode of conduct that would in any
other man be wrong, and in to such a sense degree wrong
as that he would be subjected thereby to punishment,
will not subject the King to punishment. In this
sense the word "wrong" is synonymous to punishable.
The King can do no act that is punishable.
Even still the expression is inapposite. To reduce
it to a literal conformity to the meaning, it must be
alter'd thus. Any No act that the King can (i:e:
is physically able to) do, is punishable in him.
Or to render it still more unexceptionable – The King
is not punishable for any act that he can do. Or
lastly, to exclude forbearances as well as positive acts. The King is not punishable for any mode
of conduct he can observe. However, as the an expression
"mode of conduct" is not so familiar, as the term "act", I shall, in
the what follows on this subject, confine myself to the latter.
2dly That any act which is wrong, i:e: punishable by the
Laws, and which can not (physically speaking) be done
by the King without the concurrence assistance of some other person,
the King is physically disabled from doing at all,
in consequence of a legal disability for every such other
Identifier: | JB/028/133/004 "JB/" can not be assigned to a declared number type with value 28.
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028 |
comment on the commentaries |
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133 |
common law - division of it into customs and maxims |
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004 |
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text sheet |
4 |
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recto |
b5 / e6 / b7 / e8 |
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jeremy bentham |
[[watermarks::[monogram] [britannia emblem]]] |
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9398 |
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