★ 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
To be copied "this declaratory part of the law, says — And he tell us that —
"our Author, depends not so much upon
"the law of Revelation, or of nature, as upon the the wisdom
"and the will of the Legislator." Yet before we were
told, that all human laws dependednt upon [He had before told us,
the law of nature, and of Revelation. Now
it seems they do not depend upon ithem. But
by a legerdemain, not uncommon with
our Author, this ingenious writer, we shall see in the next line see
that they do depend upon them again for he there
tells us," that those rights, which God, and
"nature have establised "and are therefore called natural rights, such as are life & liberty: need not the aid
"of human laws to be more effectually invested
113.
---page break---
To be copied "invested in every man than they are: neither
"do they receive any additional Strength when
"declared by the municipal law to be inviolable.
On the Contrary no human Legislator
"has the power to abridge, or destroy them. <hi rend='superscript'>#</hi> (A # "unless the owner shall himself shall commit "some act which that amounts to a forfeiture.
"Neither do divine, or natural duties "(such <add>as for instance, the worship of God, the</add> receive
"any stronger Sanction from being declared to "maintenance of Children, & the like) receive
"be duties by the law of the land: nor do crimes, The case (Leader)
"and misdemeanors, which are mala in
"is the same with res <add>as to crimes & misdemesnors, that are forbidden by
"the superior laws, & therefore stated mala in se, such as murder</add>
"se, contract any additional turpitude, from "theft & perjury: which contract no additional turpitude from
"being declared unlawful by the inferior Legislature:
"being declared unlawful by the inferior (that
"is human) Legislature". [These are the very
words of our Author. And would not one And from hence it follows
[1st. that no human Legislature has power to abridge <add>or destroy our natural
rights; such as life & liberty: [2dly that the Crimes & misdemeanors
called "mala in se" do become mala in se</add> (Addenda/.a)
114
Identifier: | JB/096/040/002 "JB/" can not be assigned to a declared number type with value 96.
|
|||
---|---|---|---|
096 |
comment on the commentaries |
||
040 |
|||
002 |
section vii / our author's account of the constituent parts of a law |
||
collectanea |
4 |
||
recto |
c112 / c113 / c114 / c115 |
||
168 |
[[watermarks::gr [quartered royal arms motif]]] |
||
[[notes_public::"to be copied" [note not in bentham's hand]]] |
31044 |
||