★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
DIGEST. Laws of Special Concernment. Conditions Occupations [XXX. XXXI. XXXII.] ignotum compell.ts Privalis Burn.
What is here said, is not said [not in order] with any
design disparage the labour of an useful and judicious
Writer of a writer to whose industry [judicious labours] and Judgem.t the public has considerable obligations, but for 2 different purposes 1st to Shew [from
its difference from that what is done] by comparison
of that from which it differs what it is that is proposed
to should be done : 2dly Cheat &. because it happens to have been included in the same Statute. that it is not (as some might form a
cursory consideration be apt to think) already done. + + performed already.
Descriptions of persons may be taken either from
their condition or their occupation. The expence of a condition
consists in being somewhat: that of an Occupation, in
doing somewhat. Occupations are either Official
or Professional. By Professional we mean in
general such Occupations as are open to all men alike
seeking them without favour. By Official we mean
such, the right to exercise which, is conferred only on some
particular men by some Authority - in consequence of some
---page break---
Law or local custom.
The first is a natural character which may be assumed
without Law: the other a Political one which is acquir'd
by Law. It will not be expected that the definition
of Terms whose import is so little fixed should be vigorously
just: for there is no purpose for which extreme accuracy
in this behalf is requisite. Officer generally give some power over others.
Some institutions, being conformable to such general
principles of judgement and action as from being obvious
& called forth every moment are called natural
have an intrinsic aptitude for Notriety: which other
institutions want, unless untill tied to those principles by
the particular reason which governs them being such
as bears ranks under a relation to some one of those general principles.
Tied to the memory of a thread, by which, should they
escape theseout, they may easily be drawn back again,
---page break---
and will assume the guise & station of old acquaintance.
Which runs through the enclitical accomplishments of
the substantive institutions, & has ties that & them together
to the natural principles.
The particular reason which from an apparent opposition
brings it round [a bye way] to a Subordination to
those general principles.
Criminal Law has a peculiar aptitude for notriety —
because its prohibitions are injunctions are of themselves
immediately subjacent to and intimately connected with
those principles Instance — Navigation --> Act —.
The Perspicuity being the same the aptitude for remembrance ought to be in the conjunct proportion
to the importance of the different branches of the Law and the
suddeness of the occasion: [now the perspicuity aptitude for apprehension being the same
that aptitude for remembrance falseity is as the brevity : the Brevity ought therefore to be
in the above proportion.] above mentioned.
In Is this the nature of things has happily been assistant. The
branches least susceptible of Reduction are those which contain
---page break---
what is called [Course of] [matters [the Proceedings of] practise: that is not that part which denounces
such penalties in consequence of such transgressions: but which
prescribes the steps to be taken for &.
It is not necessary, nor is it because it is not possible, that every culture Man should
carry the knowledge of all that about with him in his Mind, the business
is that he may persuade himself that it will produce
the effect designed by it, insomuch that those consequences will
follow him: & this he will be ready enough to do, if he knows not to the
contrary, seeing the beginning which is the Crime, and the conclusion
which is the punishment, he will naturally give credit
for the steps between.
These steps being periodical and with intervals he will
have time to attend them by himself or by those whom he
may employ should the time come for their being taken
against himself. It is sufficient therefore that the History
of them without their being lodged perpetually in his memory
be committed to writing to which he can at any time have
access, or even placed officiously in his way.
DIGEST. Laws of Special Concernment. Conditions Occupations][[XXX. XXXI. XXXII] Ignotium compell:ts privalis . Burn. ][What intrinsically apt for Notoriety, what not.
|
Identifier: | JB/079/025/001 "JB/" can not be assigned to a declared number type with value 79.
|
|||
|---|---|---|---|
|
not numbered |
|||
|
079 |
|||
|
025 |
digest laws of special concernment conditions occupations ignotum compell: privatis burn. |
||
|
001 |
|||
|
copy/fair copy sheet |
1 |
||
|
recto |
|||
|
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
|||
|
25467 |
|||