JB/087/093/001

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5

Indirect Legislation

Power §4

O

One branch of the policy referable to this head
may be consider'd here. There are cases in which
the power of doing mischief may commodiously enough
be taken away by taking away removing excluding [the irritamenta
malorum] the subjects or instruments of offence out
of a mans reach such things as are liable to be
made the subjects or the instruments of offence
delinquency. In these cases the policy of the senate
may be compared to the
policy of the nursery, in
which the windows are
fenced round with iron
bars, the fire-place with
high fenders and knives &
scissors laid up carefully out of reach
policy of the sovereign is may be compared to
is the policy of the or careful nurse who keeps her nursling from
burning himself by high fenders, from falling out of the window by a line of bars, & from
wounding himself by keeping
the knives & the scissors
out of his way.

The prohibition of the Forbidding The restraints which are or might be laid on the sale and
manufacture of instruments of coining, of pick-lock
keys, of poisonous drugs, of weapons that may easily
be concealed, of implements of gaming that are in
use only for such games only as depend solely upon
chance

all these precautions though referable to another head other heads
are referable to this.

The same made be said of the provisions which forbid restrain
the right of keeping of nets and or other implements for catching game.

Sumptuary laws may also be referred are also referable to this head
in as far as they concern prohibit not the use only but the introduction of the
articles which are the objects of the legislator's jealousy. The
laws of Sparta are the most celebrated on this head. The
pretious metals were banished: Xenoph. Laecd. polit. c. 7. 14.
strangers were excluded: travelling
was forbidden.ibid. c. 14.
I know of no modern instance where the restraint is laid on the fabrication or introduction of the
article. is forbidden. The laws of Geneva relating to diamonds,
laces furs, and other expensive articles of dress, extend only to the wearer. See Ordonnances
somptuaires de la Republique
de Geneve. 1772.

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Identifier: | JB/087/093/001 "JB/" can not be assigned to a declared number type with value 87.
Date_1		Marginal Summary Numbering	not numbered
Box	087	Main Headings	indirect legislation
Folio number	093	Info in main headings field	indirect legislation
Image	001	Titles	notes
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f5 / f6 / f7 / f8
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [britannia with shield motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	27618
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