JB/042/466/001

Click Here To Edit

1824. July 17 +
Constitutional Code

IV
Ch. XII Judiciary collectively
12 §.16. Sistitive
§. 17 Emendatory
§. 18 Preinterpretative
Preinterpretation

29
Art. 29. Thus of the
two modes of evil produced
by deficiency in
form, namely want
of exception and want
of exemplification, only
for the later can preinterpretation
by by supplying
remedy the deficiency
be an apt remedy.

This being presented, the want of deficiency in respect of exemplification
will be seen to be that one and the only one of the two submodes for
the removal of which preinterpretation will be the an apt appropriate
remedy. Being at the same time a relative imperfection, relation being
had to the mind of the reader as well as to that of the author it will
very frequently not infrequently be matter of sincere doubt to w the amount of which of
the two the imperfection ought to be placed: a designation which is particular
enough for an individual may not be so for another. To the
number of possible specific exemplifications there are no limits for the
one under each species the number of exemplifications capable of
being given without departure from truth is the same as that of the
actually existing added to that of the individuals actually contained
under within it added to those which may be imagined to be contained
under it. Carry to a certain length the process of exemplification
the mass of the law sinks under its own weight. to those also by the birth of the
while together to those whose interest affected by this or that such and such particular
those same part are by the bulk of the whole rendered insensible.

31
Art. 31. To the possible
number of apt specific exemplifications
there can
be no limit: some under
each species, as designated
by a specific
appellation are contained
not only all actual
individuals contained in
it but all possible ones.
Thence by the specific
of an exemplificative
proposition, no inference
is necessarily deducible
to the prejudice of the
legislative aptitude.

Accordingly, by the skill of skill of the Judge, called into action
by the interest in prudence of a party interested relief may be
afforded to the individual — improvement and in the tenor nature of the law —
without any the slightest scratch wound to the self of the Legislator.
Not so in the case where b it is by the want of the
some exception requisite that of the risk evil with which the law is frequent, all
it will if carried into execution by the Judge be productive.

32
Art. 32. Not so in the case of the
omission of a requisite
exception.

Penal law (suppose) against
corporal vexation in all
its shapes: exception necessary,
those requisite
for establishing the authority
of the Judge, the the Private
Service Minister, the oublic
and authorizing the service
of the individual practitioners

So, in case of a contract
if a man were subjected
[+] to the burthen of compensation, for omitting to Judge an for robbing agreement to rob a third person.

If for example for want by omission of any of the appropriate causes of justification
or exemption the description designation given of a criminal act
should be left too large and comprehensive: if in case of corporal
vexation for example, the punishment that should have been confined to
evil doers should have be left appointed to fall upon the minister of
justice, the parent, the guardian, the medical practitioner or the
. So in non penal law if in a case of a contract, for want of an appropriate exception one of
the parties were subjected to the burthen of compensation, for non performance
of an engagement the if the performance of which injury to third
parties would have been the result.

Identifier: | JB/042/466/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-07-17	Marginal Summary Numbering	29-31
Box	042	Main Headings	constitutional code
Folio number	466	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e12
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	13389
Box Contents