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1821 April 17th. 1
First Lines Penal Law
1
(1.)
S. Penal Law.
The penal branch of Law has for its object and occupation the giving execution &
effect to the civil or distributive branch as also a portion of the constitutional Branch. Such is the benefit conferred or
sought to be conferred by it. But no benefit can have existence but
with and by means of, a correspondent burthen. No profit without
loss: without expenditure & expence which is voluntary loss. What remains
is, that in quantity and value the benefit — the profit — be
as great, the burthen — the loss — the expence — as great small as possible.
For rendering it such, keep in mind this radical allusion.
The community is the body politic. Offences Misdeeds are it's disorders diseases.
on the Penal Branch of Law, the Legislator is, its medical practitioner — physician
its surgeon. In a surgical operation the cure is the benefit:
the pain of the patient the burthen. The operations of the surgeon
have for their object, the occupations, the rendering the cure as
speedy prompt & as complete as possible, at the expence of as as little pain
as possible.
The surgeon when he cuts into the bladder of the patient
for the extraction of a stone — does he say the patient deserves to
be so cut? not he indeed: by no surgeon was ever any such absurdity
ever uttered.
The professor of political power — the magistrate — the legislator — has,
at all times, in all places, uttered it without a blush. Why? because, at all
times, in all places, in all times, till yesterday, and in the new world, the
magistrate — the legislator — the such is man's nature — have been tyrants:
tyrants having, each of them, for the objects of his acts as such — not the
greatest happiness of the greatest number — but his own single greatest
happiness.
Identifier: | JB/037/025/001 "JB/" can not be assigned to a declared number type with value 37.
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1821-04-17 |
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037 |
constitutional code |
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025 |
first lines |
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copy/fair copy sheet |
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recto |
c1 / d1 / e1 |
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john flowerdew colls; richard doane |
c wilmott 1819 |
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andreas louriottis |
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1819 |
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11240 |
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