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apparent: the other, that Sir since in a state of nature no one is in subjection to another it"
"would be unreasonable to screen an offender from the punishment due to natural"
"crimes by the refinements & subordinations of civil Society." I profess myself utterly
unable to comprehend what State of Nature it is that the Author means if this be
the case in under it: sure I am that this can never be have been the case in any state
It must have been some state
of which men dream; not any
which they ever saw
of Human Nature in which at least so long as there have been Parents & Children
there must have been subjection. one must have been in subjection — In point of fact we learn that amongst nations
Of which German commentators
have dreamt upon a cobweb pillow
of stuffed with scholastic Jurisprudence &
theology
as either have been formerly or now are in a state of Nature (if that expression is to
have any meaning) a State in which men not being governed by Laws, govern themselves
by customs that very subjection in question that of Wife to Husband is much more entire than in civilised ones. Witness the
Savages of America — witness even all Asia in ancient times; witness even all Asia in
our own — Witness all the world except a part of Europe It being a general rule that the Bonds of domestic union are ever the
most tight, where those of political are most loose. In Large & uncultivated nations the Women are
strictly slaves: in ignorant but luxurious they are little better. The unlimited Despotism which
Nature has given to Man over Woman being on these but little on those not all
asswaged by moral 4 considerations 5 or 3 political 1 establishments 2: † † I know that according to Tacitus a
Woman among the some Germans was worshipped
as a kind of Pope or Grand Lama
but supposition breaks through every
uniformity I know that an extraordinary very strong respect for the fix was frequent ordinary even in the very rude ages of our history; but the paying it or not was just it happened
at the pleasure of the Male Sex — — & c. & their situation when at the best was precisely that of a Slave under a kind Master. the situation condition of the memorable
part half of the Human species having been ordinarily meliorated improved in proportion
advancement of [politeness &] civilization — Under to return to our own Law the expeditious sort-term remedy
for Wives against the cruelty of Husbands is but of late date tho' not established for that peculiar purpose [viz: the securing
Peace] Before which if the Laws in their state of weakness could afford but a spurious
protection to against occasional manifest & extrinsic injuries, still less could they afford
any adequate assurance against constant secret & domestic ones. The provision of Officers
of the Law, or rather that is the practise of the Lawyers Judges in this behalf was not at the time
it commenced either not irrational or nor so irrational as it may now appear.
If this Law which gives a to an extensive denomination
of persons to committ certain
crimes in certain company with
impunity, has been productive of no
signal inconvenience.
The reason is that clogged with distinctions
& modifications this provision is become
too complex to engrave attach itself upon
the memory & influence the conduct
of the people's want of notoriety being
here as it is in every instance elsewhere being advantageous
to under a bad Law, as surely as it
is destructive to the effect efficacy of a good
one [(in a note) I mean such a Law
[so bad] as to come under the same
case of inexpediency]
Then When the Idea of a public was little prevalent; when to rob & to pilfer was more honourable
than dishonourable even to persons in an elevated rank of life; when fidelity to the connection
of blood & private friendship was the only fidelity except that of a relative to his chieftain much practised or regarded: & when
it was in the power of a Husband to extort the most irrational compliances from a wife by exertions of cruelty or at without any
least without any present redress.
Identifier: | JB/063/165/002 "JB/" can not be assigned to a declared number type with value 63.
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063 |
law in general |
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165 |
exemptions necessity |
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002 |
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text sheet |
1 |
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recto |
d3 |
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jeremy bentham |
[[watermarks::[gr with crown motif] [britannia with shield motif]]] |
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20354 |
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