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Much has been said about a Digest of the
Law: that is short hints, I mean, have
been thrown out by many people perhaps about of the
utility perhaps of the necessity, but always
of the difficulty of such <add>an enterprising a work. By most</add> It seems to have been consider'd [+] [+] and thus it naturally must to those who content themselves with contemplating it at a distance,
by most as a sort of Utopian project,
very much to be wished for, very
pretty to talk of, pleasing to discourse of fo to which no one man
could be equal, for which innumerable plans
might be offer'd all equally specious: might be offer'd in
the choice of any one of which, there was no likelyhood
people ever should men should ever bring themselves to agree.
The opinion I have found reason to entertain
is very different. To me It seems to be there
can be but one plan — others may palliate
the evils which it would be the [mens] object
[by a digest] to remove: but one there is,
but is one, alone as it seems to him, there is that can at the same
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time clear them away for the present
and bar them effectually from returning. out the returning of them for the future.
One set of measures there is to be taken.
What is it? we shall find it There is but one way to find it out
it is by considering the end; of such a work What is
that end? it is [the removal of certain
defects that are observable in the composition
and arrangement of the Laws] the
making the Laws to be known, to be possest.
The removal of those obstacles which impede it under the present want of system.
What is it to be possess a Law. What sort of relation to the
sort of wasting of the mind over the such a subject is it
that we mean when we speak of a man's
possessing it? the idea term is familiar; but
the idea that belongs to it is complex. We must Ere we proceed
analyze it we must make a sort excursion.
The being possessed of a Law is one necessary
condition tho' not the only necessary
nor the self-sufficient condition to it's obeying it being obey'd The conditions
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which together are sufficient to produce this that
interest the performance of which the observance effect are (as by we have already observed of the Law on
former occasions). Let us consider them once more. 1st knowlege of the act conduct
to be performed (for we will take the instance case of
of a mandatory prohibiting Law for an example) 2 physical
power. 3. legal power. 4. Apparent
interest. When Let these 2 four concur, and the
act is sure to follow.
Physical power the Law supposes what it is a
must subsist already. regal power it gives. of this cannot but subsist.
Knowlege of the act it means to have to be performed
is what it may or may not succeed in
giving according as it is framed constructed in itself,
and according as it complicated with
other Laws: according in short as it adapted to as the signs
the understanding. it employs, are adapted to the ideas it
purposes to convey: in a word according
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as it is adapted to the understanding.
Apparent Interest it also may or may
not succeed in giving: apparent interest
it gives according as the pain which
it means to have inflicted in case of the
act's not being performed overbalances exceeds is understood
to overbalance exceed that of performing
it. This depends upon Apparent interest therefore it gives
according as This depends upon two
things: upon the aptitude as before of the signs
(that is the words employd) to express the
ideas it means to convey, that is to say
to convey to the mind the knowlege 1st of the
act commanded forbidden as before. 2d the knowlege of the pain meant to be announced of the tendency — the latter has that the this pain has to ensue as the a consequence of such performance of that act the former.
3d upon the opinion of the connection that
is made formed between them. and upon the
choice of the pain to whereof the idea is meant
to be convey'd. Apparent Interest
COMPOS. Requisites to a Law's being possessed. [BR][1]
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Identifier: | JB/070/096/001 "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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096 |
compos. requisites to a law's being possessed |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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