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If you say to your Son, "My child, get your
lesson", you have expressed but one will: there
is the but one will of your's in the case; & that
is, that he should get his lesson.
But if you suspect he will may not get his lesson,
tho' you have bid him, and say "my child,
get your lesson, or John shall whip you,"
there are 2 wills of yours expressed: the
1st is, and which alone was the occasioned you to of your forming the
2nd, as before that he get his lesson; The 2nd is, and
what you would never have thought of, but
for the sake of the other, that if he will not
get his lesson, John should whip him.
The ordinances of the Court of legislation The transactions of the Courts of Judication are nothing but the transactions of the Nursery formalized & extended amplified. spread out
If it was your primary will that was obey'd if the lesson
was got, & you have occasion to speak of it,
you may say, your commands orders+ +that is the Law you made on the occasion were observed.
If it was not your primary will that was obey'd,
but your secondary if the child was whipped,
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INTRODUCT. Parts of a Law - Will primary & Secon-[ ] -dary - illustrated.
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and you would wish to distinguish characterize the
difference of event by the difference of expression
you may say, your orders were executed.
not but that either event word might have served
to characterize either event; but that as your
purpose it, by each word to have one of those
events alone understood & not the other, (which you
may very well bring about by giving proper
notice) it you will find it more convenient
to take for either event that word (if that such
be the case of with either word) by which those you
converse with are already more disposed to char understand
that event than the other: Now that is
the case of with the word execute with respect
to the fulfilling of the your sese-condary will: if viz:
punishment: because by the word execution men are
accustomed to understand the act of punishment;
they talk of the execution of a felon: of seeing an execution: which they are not so much by the word observance.
Men talk not of seeing an observance.
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It is all the best we can 2 do to for the simplifying the conception
of the course taken by the Law, to refer
it compare it to a proceeding strictly similar, the whole which in the
progress of which it we see daily carried on before
our eyes.
The ordinances of the 1 Courts of Legislation, the
transactions of the Courts of Judicature are
nothing but the transactions of the Nursery
formalized & spread out.+ +amplified — extended.
In the great Nursery of the State, many things
fall out intervene between the rod & the backside.
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Identifier: | JB/070/006/001 "JB/" can not be assigned to a declared number type with value 70.
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070 |
of laws in general |
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006 |
introducy parts of a law - will primary & secondary - illustrated |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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