★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
OF LAWS in general. Parts of a Law
DIRECTIONS
1
Concerning the measures of damages in Adultery.
desideratur: and generally as to what concerns the
offering of punishment not fixed.
2.
Concerning the mitigation of Forfeitures, especially for
frauds upon of Manufacture offences against the Revenue viz. Offences against
Excise Laws — desiderantur. But v..1 Shaw.
Excise 392. § 10. where are some sensible hints
& which may be applied to Astination in Thefts &c by Juries.
3.
Directions are never fit best for a pis-aller:
[for this plain reason] that a perfect Law by including
a direction has all the its advantage: of a direction, it includes whereas a direction
has not the advantages of a perfect Law.
4.
al part of the trusted Laws of Antiquity were
nothing but Directions; & that in on subjects matters which admitted
especially those touching
constitutional parts of perfect Laws:hence the frailty of the Constitution
in those Commonwealths: the constitution was
made depended to depend upon these imperfect Laws: those Laws
depending for their execution not on any the permanent &
universal principles of Human Nature, but upon
a violent & transitory spirit, when that spirit was
evaporated fell to the ground, & with that the constitution.
---page break---
That spirit being kept alive afloat by nothing but the
against which it reacted perpetual dread of extirpation which behoved to possess
the minds of the inhabitants of petty States which
one unsuccessful Battle might dissolve, & which were perpetually
in Battle, upon the removal of that dread, presently? behoved
When every state
had half as many
Traitors as it had
subjects when a day's
march would bring
the enemy to the Gates dissipated itself.
When a Town is besieged, by a formidable & cruel
Enemy, there is scarce such a thing as property
either in labor or possessions: everyone contributes
what he has to the public safety: all hands set
to work upon the Trenches — All then is Virtue.
Thus it was with the Petty States of Greece: their
virtue was much less the effect of a particular
form of Government, than of the necessity of their the dread of extirpation
When the influence of
the Roman powerState power and kept
peace among its dependents, it ceased accordingly upon the change of that their situation,
that the form of government remained the
same.
5.
Yet was Treachery to the State, even in these times of
perpetual peril, more frequent that in a time of
it is now.
---page break---
5.
Fittest for Magistrates Directions behove to be most in use are fittest for Magistrates, persons who
have the confidence of the Law.
6.
When men's interests are neuter, or in equibled
that is when there is no interest that prompts a man
to act the this way rather than that, or when the interest
in acting this way is just as strong as the interest
for acting that, a word from those in authority will
turn the scale.
7.
The reason is that there is a portion of the moral
Sanction.
The probability is that the opinion of those that
have one, will be on the side of that of the Legislature:
and all those who have no opinion of
their own, are of the opinion of the Legislator:
But there are those will tell you
Blackstone - not
binding - only to
pay the penalty
But conscious is not concerned in
that is they think not that the moral sanction might
or that the Religious will attach
INTRODUCT. Directiones nudæ.
---page break---
Directions, tho' they do not come up to the character
of perfect Laws, may yet with property
be received into the body of Jurisprudence: for they
as well as perfect Laws expressions of the Will of the Legislator are capable of influencing
the conduct of those to whom is calculated they are addressed.
They as well as perfect Laws, require certain
acts to be done: the only difference is, that the
Field of action being th the invisible one of the mind,
leave no certain vestiges and seating
of themselves the facts which they are required to be done are
not verifiable by those tests which it is in the power
of the Legislature to apply.
They contain therefore the primary Will of the
Legislator just as Laws do.
They are therefore
mixed promiscuously
with them.
[BR| ]
|
Identifier: | JB/063/032/002 "JB/" can not be assigned to a declared number type with value 63.
|
|||
|---|---|---|---|
|
1-7 |
|||
|
063 |
law in general |
||
|
032 |
introdn parts of a law directiones nudae |
||
|
002 |
|||
|
text sheet |
2 |
||
|
recto |
|||
|
jeremy bentham |
[[watermarks::gr [crown motif] [lion with vryheyt motif]]] |
||
|
20221 |
|||