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INTROD. Distribution of the Work [BR.]
LAWS in generalOf these 4 circumstances, viz: Certainty of Execution, Notoriety, Perspicuity & the Volume of
the two former are extrinsic# # depending upon something that is without
the Law. It may be asked if these two other circumstances
are extrinsic to the Law, what & whence are they? They are compassed by distinct provisions made respectively for those purposes, which
are general, made for the body of Laws in general, or particular specified, tacked on to the particular Law in question: consequently there remain the two intrinsic circumstances
of perspicuity & Volume
The two extrinsic points of Certainty of Execution & Notoriety are to be accomplished depend upon this
accomplishment upon by some other Law or Laws made on that behalf† † the Crimes against the Laws made
with a view to the certainty of execution
are those that comprise
the class of Offences against
Public Justice., be those these Laws having these
two points respectively for their ends — are provided with a penalty for their s means
& thus Law continues keeps revolving about itself in a into passing by the point at which it set out in a Curve⊞ ⊞ And the whole Machine is at a stand. till execution
Execution the Wind extrinsic to every Law begi hold of wi comes & impinges upon it in any part & filling up the
General practice for Certainty is the Wind or Water to a Mill — particular is
a that Horse or Hare to a capstan: Wind must blow or the water runs or the Large move which is
in Certainty of Execution — General All the Laws concerning the practice of Courts Offices of Sheriffs &c
Special however given to Justices of Peace
to summon & convict.
A Law is made for instance example against High Treason Robbery; which is we will suppose an expedient one we will suppose having
a fit end, viz: the prevention of that Crime, and a fit means, Viz: the furnishment
of hanging — the a man's abstaining from that Crime (as far as the Law is concerned)
depends and solely upon his opinion of the certainty of his being hanged for committing it if he committs it
but that opinion depends partly indeed upon the strength of the actual degree of certainty chance which there is of a man's f being,
hanged for it: i.e: upon the proportion that the number of known criminals hanged
in a last-past period of a given extent actually bears to those who were not hanged
& partly also upon his apprehension of that/the latter certainty: but that apprehension requires 3 [that there is any such Law denouncing such a punishment
for such an act as he means to do has thoughts of doing: lastly that apprehension depends
partly upon] 1st that the Law be that Laws being made known to him by virtue of course other general distinct
provision for notification: 2 that he understand Law + + a clause for this purpose is to
this effect another Law [partly upon] his understanding it when he has got it, & partly upon his that he
remembering it what after where he has understood it.
All therefore that any body can have to say about any single L Law [or Laws] whatsoever may
be referred to one of these 5 6 heads — Of [Crimes] Offences — of Punishments, of
Certainty of Notoriety of Punishment, & of Volume Voluminousness. accordingly Otherwise This is the division
I shall pursue follow
Where there seems no danger of a Law's being disobeyed, we drop the Title of Officer
A Title in some sort corrective to that of Punishment, which in these cases is not brought into view; & neglecting the
which it has of an end in respect of that the Punishment which is its , we contemplated in the
Certain in Notoriety General the Law or rather a matter
Custom that Acts of Parliament shall be published.
Special, as that of a Geo.. . c. that the act in
question shall be hung up in those workshops.
I illustrate this by an example
in continuation of the following
paragraph — As prepayment of
a Debt — Action — process
But
Non-return — Attachment as Sheriff
of last year verse present Sheriff
—
But in order to his having any such
opinion 4 things are necessary: 1st that
he knows there is [such] a Law upon the
subject. 2dly that he understand it, when
he has got it: 3dly that he remember what
he has understood. 4thly That the Law be usually
executed upon those who transgress. 5thly that he
know that it is so, or at least that he knows not
how on the one hand it may be
that crimes may be seldom punished
in proportion to their frequency, &
then he cannot know that they are
often punished because it is not the there is no good
thing to know truth of the case; on the other,
tho' often punished, the punishment
or the Law may be secret; & then he will not
know it either.
That part which regards Certainty:
i:e: that which relates to the Practice method of the
of Courts, does not so much require
to be generally known: because when
a Law is known denouncing a punishment,
it will be taken for granted that it will be executed, especially from the observation of current suffering as for realising it, unless the contrary applies to means to some yet higher
Identifier: | JB/067/006/002 "JB/" can not be assigned to a declared number type with value 67.
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067 |
law in general |
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006 |
laws in general |
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002 |
introduction / false divisn &c / in a suite |
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text sheet |
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jeremy bentham |
[[watermarks::[gr with crown] [britannia with shield motif]]] |
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