JB/063/051/001

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CH.... PARTS of a LAW - Laws SUBSTANTIVE and ADJECTIVE

What I shall have to say in
this chapter respects a Law
only; & not what is called a statute
But as these terms are in common
language used perpetually promiscuately,
least the idea of a state
should obtrude itself where the
word Law is mentioned, I must
here [at] the 1st step I can with surety make in the first place
mark out the difference.

It has been usual to enumerate four distinct
Parts in every Law: 1st a Declaratory 2. A
Directory 3. a Remedial 4 a Sanctional.
But these are with more propriety reducible to
two viz: A Directory and a Sanctional. +

NOVA DEFINLENDA.
+ The Sanctional is either
renumeratory or afflictive.
The Directory part of a Law, is
either simple or qualified.
When it is qualified it consists of 2 distinguishable parts -
1st One which may be called
the active or energizing
[clause] being the same
which contributes the whole
directory part when [it is]
of the simple [kind]

Another which may be termed
the qualifying or restrictive
clause

The Directory as is judiciously it is well observed by the
Author of the Commentaries+, includes the Declaratory.

For (to use his Example) after saying "thou shalt
not steal, it is migatory to declare that stealing
is a Crime. The term usually inputs an He says indeed usually But I
know not of any Exception. exception - I know of none.

The Remedial, as it is explained by the
same Author, is in part a distinct accessory
Law in aid of the principal one addressed to Persons
different from those who are the Objects of it the
latter: in part, a mere Branch of the Sanctional
Part of the principal one.+

N.B. Thus restricted may respect
either 1st the description
of the objects of the Law
or 2d of the act [action] in question

The simplest Form in which a Law
can be couched includes both directory and sanctional
in a single proposition: of which the first
is subject, the latter predicate — As for
Instance "whoso robbeth — shall be hanged."
+ I Comm. 55.

The restrictive [clause] may
form be couched a distinct grammatical
proposition, separated &
even at a distance from
the energizing clause.

Identifier: | JB/063/051/001 "JB/" can not be assigned to a declared number type with value 63.
Date_1		Marginal Summary Numbering
Box	063	Main Headings	law in general
Folio number	051	Info in main headings field	ch…parts of a law - laws substantive and adjective
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f2 / f3 / f4 / f5
Penner		Watermarks	[[watermarks::l v g propatria [britannia motif]]]
Marginals		Paper Producer	caroline vernon
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	20240
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