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1828 Feby. 29
Law AmendmentPropositions
☞ Memm. Add some heading titles from
Bonaparte's Codes.
The Penal Code presents it
By its name the Penal Code is presented
to view as if solely occupied in the distribution of
punishment constituted its sole occupation. By the ap
its contents it will be seen that imperatives, positive
and negative, or say mandative and prohibitive or
inhibitive – application and distribution of punishment,
being its occupation no otherwise than as necessary to
secure compliance with imperatives.
On the other hand, neither by its name nor
by the complexion of its contents is the Civil or say
Non-penal Code presented to view as having anything
to do with either the distribution of punishments or imperation.
If it To an eye to which it presents itself to view as if occupied
in distribution the subject matter of distribution the operation will
be apt to present itself as composed including two matters of
different and so different as to be of opposite nature, to wit
benefits and burthens: and in particular benefits are
the subjects which it will appear be seen occupied
in the distribution of about are collative events and ablative events –
efficient causes of title, and extraction of title – of acquisition
of right to things and loss of right to things.
Thus it is that By this phraseology the penal and imperative
operations characters and effect efficiency are in a manner disguised: but
their efficiency is not less real nor less indispensable.
In vain would the legislator or the Judge say to Richard Roe I give
you this horse or the house that comes under the description in question, if
John Doe and all other persons in general were not
inhibited and in case of non-compliance with the inhibition
made punishable in the event of their meddling with the article
in any such manner as to render the gift ineffective or less valuable.
Identifier: | JB/030/044/001 "JB/" can not be assigned to a declared number type with value 30.
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jeremy bentham |
j whatman turkey mill 1827 |
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jonathan blenman |
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1827 |
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