JB/030/041/001

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1828 Feb. 20
Law Amendment CivilProposition

§. 6. Civil Code – its relation to the Penal
§. Relation between the matters of the Penal and that of the Civil Code.

Relation between the Penal and the Civil branch
of law. Only in the In so far as they the their respective matters of them are distinct
in to the Penal branch alone render are exhibited the character distinctive
character of law. This character is that of command:
an expression of will, and that will in the ordinary
state of things irresistible. But command without motives
for compliance with it, and those in their nature universally efficient,
would be nugatory: and the only sort of justice universally
efficient and universally applicable and universally
applicable by which upon so exclusive a scale compliance can be pro is pain, which being so applied
is stiled punishment. So much for the penal branch
of law – it may also be stiled the imperative.

What then remains for the matter of the
civil branch? nothing but that sort of matter which
consists of explanation giv given in detail of the matter
which belongs bearing wearing an imperative complexion
belongs, as above, to the penal branch: it may
accordingly be stiled the expositive.

For and to conception, the body natural politic
may on this occasion be confronted and brought into
comparison with the body natural. In the penal branch
may be seen, the skeleton the author of the whole: in the civil,
the filling up the fleshy part comprising everything but
the obscure.

Note (2)
Obligations and rights. To one or other of those heads everything that is
can be done by law may at all times be referable. Obligations it imposes: rights it
wants made it leaves or creates and conferrs. Rights it leaves by forbearing to impose
the correspondent obligations.
Rights it can not crush
in favour of one party
otherwise than by imposing
correspondent obligation on
another. But as to these see under the head of Form §. Proper

Note
By an ambiguity imperfection derived from rude ages, there exist no two words
which the relative age of ascribed to the person in question can be distinguished from the relative
notion of as subsisting having place between him and another person: child meaning at the same
time a young man in contradistinction to an older one, and a person considered as being
the immediate offspring of
a certain man or a certain
woman or other.

Identifier: | JB/030/041/001 "JB/" can not be assigned to a declared number type with value 30.
Date_1	1828-02-20	Marginal Summary Numbering	or 1 - or 3
Box	030	Main Headings
Folio number	041	Info in main headings field	law amendment civil
Image	001	Titles	note (a)
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9548
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