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indirect legislation may be comprised whatever else
can be done by in the way of law in subservience to the same
end. In the one case direct legislation a a he aims directly
at his mark, to at his attack the mischief directly and in front: in indirect legislation
he attacks it by oblique and sometimes
scarcely perceptible approaches: in the one case
he endeavours to carry his point as it were by storm: in
the other case, by sap. Under the latter head
of cases - will be comprised every thing expedient that is that lies
out of the beaten track looked upon as a refinement in legislation.
To Under the head of direct legislation then we
may refer the processes [which follow:
1. Choice of
the offense
1. The choice of the acts which are to be turned into offenses
2. Definition
of the offense
2. The adjusting of the definition of each offense:
2. The adjusting the description of each act: and in particular the setting
of the definitions of these offenses which in common
speech discourse have acquired, or by analogy are capable
of receiving, a name: such as murder,
theft, robbery, treason peculation and the like
Reasons for
making it an
offense
2 3. The adjustmenting of the reasons for bestowing on
the several acts in question the quality of an offense;
reasons deducibl consistingent with each other
and deducible from a common and pre-established
set of principles.
Identifier: | JB/087/003/001 "JB/" can not be assigned to a declared number type with value 87.
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087 |
indirect legislation |
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003 |
indirect |
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text sheet |
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recto |
f5 / f6 / f7 / f8 |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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27528 |
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