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An unjust Judgment in a Criminal Cause 2 if for the accused
affects the State; of 1 against the accused, affects
the Individual: in the first case the mischief is actual
and has an object certain: in the second case the object
of the mischief are uncertain, & the mischief itself contingent.
An unjust judgment, I mean all along where ti is known
to be so to some one either who passes or who procures it in
a cause betwixt party & party [i.e. where the Title to something
valuable is contested] affects, on which side soever
given, the individual: in either case it's mischief is actual
and it's object certain.
Wheresoever therefore we see an unmerited calamity
brought on a person by the abuse of any part of that legal
Mechanism which was constructed for his protection,
the offence of being instrumental in [so] bringing it on
has a Title to a Station in both classes, either the first
or third — I say of the 1st or 3d, for upon casting an eye
over the 2d, we shall presently be satisfied, that the offences
which appertain to that, can hardly be perpertrable
by the method of which I speak.
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This is to blemish; but a blemish which I saw no method
to avoid — at least which I could not avoid without
incurring a greater. A Blemish it is as being a trespass
against that authentic rule of right Division "That the
members of it should be contradistinct & opposite.
case but by a
greater
well grounded legitimate
Nor could I cure it but by a greater: —
The Character of the ultimate subdivisions in the first
class is taken from the different manner in mark of which the calamity,
calamity which is inflicted brought upon the suffering object.
As the Calamity may be drawn down by them in a circuitous
method not in one peculiar only, but in almost
every one of these [Differential marks] which in any
other offences are done in the direct, this would induce a
necessity of an equal number of divisions coming after
these which now stand as ultimate.
And each article of it, each offence must still have stood under the
same manner, in the 3d class here then is identity between
the members of the division, instead of opposition.
CLASSIFICAT. New. Explication of.
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It must not be imagined because the Offences of the 1st Class
are stiled Offences against Individuals that therefore the
Estate has no concern in them: The state is as truly effects
by those of the 1st: as by those of the 3d. tho' in the former
case it may be only in an indirect and as it were reflex manner.
Nothing can injure an Individual but what it must also
injure prejudice the State: nothing can be an offence against the State
but what has at least a chance of injuring some Individuals.
In the room of individuals uncertain not determined by place" I shall
use with others for the sake of abbreviation "The State" in a distinctive
sense: as likewise for the majority of all individuals,
in a collective giving this notice once for all That it is in
these two senses alone: that I use it: the context will easily distinguish
them+shew which that I use it in the room of "individual uncertain,
not determined by place" I shall use with others for the sake of
abbreviations "The State" in a distribution sense as like
wise for the majority of all individuals, in a collective:
giving this notice once for all that is in these two sense
above which the contest will easily distinguished of that I use.
& not for an Ideal being which may be offended by an
Act for which no one person is likely to be the worse nor
[using] as contradistinguishable form Individuals in
any other manner sense than as a greater number of Individuals
[uncertain] are contradistinguishable form a smaller,
& an uncertain from a certain.
Nor distinguishing confounding it+ I confound it not in the 1st place with such individuals where as are in the
is it to see the execution of the Laws executive parts of Government+ Thes may be called, as they are often called, by in a collective word, called Administration nor
in the second place with such as are in the Legislative who these in like manner are called may be called,
The Parliament or the Legislature, nor with persons of the Clerical
profession, who may be called Church.
Nor would I think of splitting them into 3 sorts of themselves+: under the name of individuals
& a second themselves, under that of State, and a 3d
themselves, under that of Church: which two last selves we are told+« have
met together & made conjuring bargains no body knows when nor how, in which the advantage of
the first self it should seem has not been ever much
consulted. We want no such Trinity upon earth
let us be content with that which we have found made in
heaven.
NONSENSE. Individ. X State Warburt [3]
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