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April 1805
Evidence
§. 3. Procedure its branches – Particular ends, branches of the general end.
No sooner is the office of Judge established than a new
set of rights spring up, such as without him could not
come into existence.
The money you have at this instant in your purse is yours,
you have a right to it, any person who without or against your consent, and without
some special and extraordinary title, such as that derived from constituted by a
warrant from a Judge, should seize it and carry it off would
committ an offence: he would have already committed an
offence for to which punishment and satisfaction are or at least ought
to be, appointed by the law – by the substantive branch of the
law. To prevent him, the law allows you to employ force,
and even if he can not be prevented otherwise, even such
force, (at least if the character in which he take it is that of a
thief or robber, on who accordingly as such is conscious of his having a
right to take it,) as shall be followed by terminate in his death deprive him of life.
To this money you have already a right: a compleat
an already consummated right, conferred on created and allotted to you already by
the substantive branch of the law: a right which for its completion
require not any act to be done by the Judge under the circumstances above described. The
taking the money from you is already an offence, without requiring
any act to previously done by the Judge, or any body else
to render it so.
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procedure its branches - particular ends, branches of the general end |
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jeremy bentham |
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