JB/042/463/001

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1824. July 17 +
Constitutional Code

IV
Ch.XII Judiciary collectively
(9 §.16. Sistitive
§. 17 Emendatory
§. 18 Preinterpretative

3. Preinterpretative
19
Art. 19. If it be agreeable
to the Legislature, and,
so far as the Legislature
Act right, desirable on
account of the people,
that in particular as
non compliance with his
distinct will have place on
the part of the individual execution by order of the
Judge shall have place
much more must it be
that compliance shall
be uninterrupted and
universal

But if, even at all the expence, it is agreeable to the desire
of the Legislature that [execution and] effect should in
this way — in this imperfect way be given to his its expressed will
much more so will it be agreeable be it that effect be given to it without
any such expensive mode of execution — effect by one
universal and uninterrupted obedience and compliance.

20
Art. 20. If in non
penal much more
in penal law: for
then evil of transgression,
and evil of punishment
are both scarce.

If such be the case so it be i the case in the field of non-penal much more
so must it be in the case of penal law, most of all in that quarter where
in which the supposed magnitude of the evil combated by it has given to it the
name of criminal law: if it be desirable that for a crime
when committed the a man should be punished, still more
so would it be that by his abstaining from committing it
the evil from the crime and the cost of from the punishment
should both be kep kept from coming into existence. By
the apt exercise of the preinterpretative function, this evil may in
a certain case be excluded.

21
Art.21. Sort of imperfection
in the Law.
1. Matter
2. Form
3. Both together.
in matter alone when
how aptly serves the
will made to be made
known is made known
the will itself is adverse
to the greatest happiness
principle
in form alone, when
the will being conformed
to do principle, the
words employed fail are
of meaning more or less
ill-adapted, failing of making it exactly
known.

Of an imperfection in the tenor of the law the suit
may be either in the matter, in the form, or in both together.
in the matter alone, in so far as when how aptly so ever expressed, the
law is either, is the very principle which gave it birth, as for instance the asective the the or
principle or
in the applicative mode of it, the principle person whether it be any one of those
false vitious principles or the only true the greatest happiness principle, vitious: in the form alone in so far as the principle
adopted and in the application of it and thence in design being correct; the w
it is by the words employed in giving expression to the design to the order in which they are
arranged rendered more or less inadequate ill adapted with reference to the that same design
ill adapted.

Identifier: | JB/042/463/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-07-17	Marginal Summary Numbering	19-21
Box	042	Main Headings	constitutional code
Folio number	463	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e9
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	13386
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