JB/064/083/001

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GB. 1818. June 5.
Penal CodeCh. X. Offences affectg Condition
§. 1. Generalia

1.
Conditions in life
are
1. Domestic.
2. Political.

2.
Domestic are eight,
running in pairs, viz.
1. Husband & Wife
2. Parent & child.
3. Master and Servant.
4. Guardian & Ward.

3.
In each pair, two correlative
conditions –
obligation in the one
member corresponding
with right in the
other, and vice versa.

4.
In the assertion of
the existence of a
right, the assertion
of the existence of an
actual state of things
is included.

5.
Condition in life,
what.

6.
Person in possession
of it as of a portion
of land, &c.

7.
Obligation and right
their mutual relation.

8.
Their dependance on
the political sanction.

9.
But these rights
must have had place
before any Government.

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10.
Answer – but political
obligations and rights
must, to a certain degree,
have had place
at the same time.

11.
Relation of husband
and wife must have
existed prior to all
others.

12.
In this first state
no sanction but the
physical.

13.
Of this force, the predominant
quantity
on the part of the
male: thence obligations.

14.
Such being the obligations,
he is also possessed
of the correspondent
rights.

15.
The female, being the
weakest, has no
rights.

16.
Difference between
having a right, and
it being right.

17.
First use of political
rights.

18.
From those primæcl
relations, spring those
of Parent and child.

19.
These relations comprehend
that of Father
and child, and that
of Mother and child.

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20.
Under physical
sanction, father's predominant
rights over
mother: father or mother
over child up to
a certain age.

21.
Then, under purely
physical sanction,
every thing uncertain
and vacillating.

22.
Under political sanction,
every thing is or
may be fixed.
Relation of husband
and wife that of master
and servant.

23.
That of wife Mother
to the child, no other
than that of one fellow
servant to another,
or as a deputy to the
master.

24.
After father's death,
the relation of mother
to child that of Mistress
and Servant.

25.
So, in the first stage
of simplicity, under
legal sanction.

26.
Creation of relation
of Guardian Ward.

27.
By law, Wife Mother's rights over
Child become extended,
during the
life of the husband
father.

Identifier: | JB/064/083/001 "JB/" can not be assigned to a declared number type with value 64.
Date_1	1818-06-05	Marginal Summary Numbering	1-27
Box	064	Main Headings	Penal Code
Folio number	083	Info in main headings field	Penal Code
Image	001	Titles
Category	Marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner		Watermarks	B&M 1828
Marginals		Paper Producer	Arthur Moore; Richard Doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	20437
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