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IINTROD. A Law - what? [BR] ]
Of Laws, (1 Mandatory 2 Prohibitive)
3 (Permissive) — 4 Regulative
1, 2, & 3 are Simple — 4 is Sub
conditione
Permissive a repeal pro
tanto of the Mandatory
or Prohibitive — consequently
has no [direct immediate]
Sanction official position applied to the person
to whom it is addressed —
The Motive for its execution
is the natural one supposed
already to subsist in the
man's breast
Regulative whether that can
as that which has its Directory
part qualified
Sanction remuneratory affected
to Laws Adjective
Different Functions or Offices
of Laws (distinguishing
them into Criminal [Penal]
and Civil: or more properly into
Criminal [Penal] and Distributive — Impropriety of the
Common School division of
Justice into Distributive
be
and Commutative
made
+
"The Remedial part of a Law" (says he) "is so necessary
"a consequence of the former two, that Laws
"must be very vague and imperfect without it. For
"in vain would rights be declared, in vain directed
"to be observed, if there were no method of recovering
"and asserting those rights, when wrongfully withheld
"or invaded. This is what we mean properly
"when we speak of the protection of the Law —
All this is as it or would be wished.
One could not wish for any thing more confused than
this is.
When for instance the Directory Declaratory part, says he, has said, that
"the field or inheritance which belonged to Titius's
"Father, is vested by his death in Titius, & the
"Directory part has forbidden any one to enter
"on another's property without the leave of the owner;
if Gaius after this will presume to take possession
of the Land, the Remedial part of the Law will
then interpose it's office; will make Gaius restore
the possession to Titius, and also pay him damages
for the invasion.
|| The Law taken for an example by the Author of the
Commentaries expressed in the above form would run thus for acts disappeared of by the
Legislator
"Inheritive Land after his Death, shall be turned out, and"
"refund the profits' which he hath taken."
Identifier: | JB/063/015/001 "JB/" can not be assigned to a declared number type with value 63.
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063 |
penal code |
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015 |
introduction a law what |
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001 |
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copy/fair copy sheet |
1 |
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recto |
a1 |
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[[watermarks::propatria [britannia with shield motif]]] |
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20204 |
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