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1
Indirect Legislation
Power § 3
§ 3 Expedients combating the power to do evil.
Insurrendum Putting things of value into
joint custody. Cod. Russ
1
Power ab intra
and ab extra.
physical & legal
Power may be distinguished into power
ab intra and power ab extra: the first depends
upon the intrinsic state and condition, upon
the intrinsic faculties and qualities of the person
himself who is in question: [who is considered as
possessing or as not possessing it.] whether faculties
of the body or faculties of the mind: the other
upon the state condition and situation of the persons and
things he has to do with: physical power comes
under both heads; legal only under the latter.
2
Nothing to be
done in this way
with regard to
mankind in general
In the way of taking away depriving a
man of the power ab intra little or nothing is
to be done with any tolerable prospect of advantage.
Dogs are muzzled:
swine are
horned cattle
all are car vipers have
their teeth drawn. But
such expedients do not
answer very well when
practised upon mankind.
[As to thus much] the power of doing good
and the power of doing evil as to this branch of it is inseparable from
the power of doing good: [nor in this way thus
can any advantage security that can be gained in this
way be worth the price that must be paid for
it.] Tie a man's hands behind him indeed , and he
won't
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