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1821. May 5 First Lines Divisions
The law cannot in any part of it operate without doing more
or less towards the making distribution of benefits & burthens.
It may Burthens it may attribute & distribute or impose without
distributing, distributing or conferring benefit, in any shape:
benefit in any shape that it cannot confer without at the sometimes
imposing a burthen, in a correspondent shape either on the individual
benefitted or intended to be benefitted, or on some other or
others: most commonly on some other or others: most commonly
even on all others with little or no exception.
Taken in the aggregate, the whole body of the law may again by
another division, derived from the source just mentioned, be distinguished
in the into two branches: viz. 1. that which is occupied
in the distribution description of the distribution intended
to be made of benefits & burthens respectively as above This branch may be styled the distributive branch of law. 2. That which is occupied in the description of the arrangements for giving
effect to such distribution by furnishing individuals with inducements
adequate to the purpose of securing rendering their
conduct conformable to the plan of distribution so marked out.
Of the inducements thus employed some will be of an
disagreeable matter & thus come under the nothing of burthens: others
of an agreeable matter; & thus come under the motion of benefits.
That branch of law, the arrangements of which are occupied
in the application of burthens to the purpose of securing
conformity to the arrangements made by the distributative
branch of law is distinguished by the name of penal law.
That branch of law, the arrangements of which are occupied
in the application of benefits to the purpose of securing
conformity to the arrangements made by the distributive branch
of law, may be distinguished by the names of penal law.
law That branch of law the arrangements of which are occupied
in the application of benefits to the purpose of securing
conformity to the arrangements made by the distributive branch
of law, may be distinguished by the name of the of remuneratory or remunerative branch of law
Identifier: | JB/037/064/001 "JB/" can not be assigned to a declared number type with value 37.
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1821-05-05 |
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037 |
constitutional code |
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064 |
first lines |
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001 |
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copy/fair copy sheet |
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recto |
c2 |
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richard doane |
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11279 |
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