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A Law —what It's Matter
One point considerable with respect to a Law, is
the authority, i.e., the quality and circumstances
of the persons issuing it; and the circumstances
under which it is issued. That being settled; the next is to give an idea
of what issort of a thing <add>composition</add> what sort of an instrument
a Law is, supposing it to have issued from
the rightful source, whatever source that be
This then must be such as shall be applicable
to all the parts that are to be distinguished
in it, all the properties, all the ends, and
all the functions that are to be assigned to it
The same instrument the same assemblage
of words, that now is a Law constituted, or
a collection of Laws, once was the work perhaps
of asome private draughtsman.
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INTROD. A Law-what-1st Origination. 2. Matter. Form. Law. [BR| | ] x Direction.
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Origination Matter & Form. The notion of a Law is compleat, when it
embraces it's source or origination, it's matter, and it's
form
The notion of a Law with respect to it's
origin, includes the description of the persons
and the solemnities: of the persons who are
to make it; and of the circumstances they
must place themselves in when before & which they make
it
Law & Direction We may conceive a command without
motives to obedience. We may
conceive
a command, tho' issued to no purpose.
An ineffectual command is as intelligible
as an effectual one.
A Law tho' ineffectual may subsist as a
command — but to be effectual it must present
a motive. If it present a motive
of & that motive be of it's own creation. [or to speak more strictly
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a motive enacted by another volition issuing
from the same source) then is it what we
commonly understand by the term Law.
if it the motive be not of it's making but it's finding,
then a motive borrow'd from the Moral
Sanction, then may it be termed
Direction.
Identifier: | JB/070/005/001 "JB/" can not be assigned to a declared number type with value 70.
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of laws in general |
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introd. a law what - 1 origination 2 matter form law & direction |
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1 |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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