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ALL LAWS PENAL
To put at once the as strong a case as I can can think of it will take for an example that clause in the
Law called the Stat. of Grands & Perjuries which requires 3 witnesses to the
execution of a Will of affection Land. [It will be asked what what respect it will be asked can this be consider'd
as an article of Criminal Law?] what Crime does this create or abolish remove? what has
this to do with criminality? It has this — the Heir at Law, who by till then had
been prohibited from taking possession of the Land in question whenever there was a any sort of
Will made disparity of it to some other under the penalty of Costs and disappointment. redispossession.
is now permitted to take & possession in that capacity, whenever the formalities
hereby required are not complied with, & the penalty is transferred upon under such circumstances
upon the Devisce. If the Law did not make some act , an offence it
did nothing: before it was the Heir at Law's taking possession that was an ; offense now
it is the device's that is the offence — & the Heir's at Laws is so no longer. Laws that may be called in the confined of the word Political, Constitutional restraining the power of irresponsible Senate members of the political body how are they penal? they do either nothing or they denounce in oblique but intelligible whispers the loss of power as the penal consequence of transgression
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This union That union holden up to view of denomination thus once made [for a moment] for the sake of precision, & of simplicity of conception I shall
imediately re- dissolve for the sake of familiarity: of expression and restoring to the several kinds of
Heirs heirs their several respective titles of declaratory, permissive, enabling distributive directory constitutional commercial occonomical
Titles which do not import any reference to punishment, I shall
confirm henceforward the
appellation of Crimes to denote either 1.st Such acts whatsoever as according to the present subsisting System have a punishment
actually affixed to them beyond the ordinary: or 2dly such as being generally, grossly
and obviously so, have been usually concerned to demand such an extraordinary
punishment; and or 3dly & lastly such as being generally & indeed universally (after
the deduction of a few general excepted cases which will be mentioned except under such particular circumstances of the agents as will be considered in their proper place)
and greatly so without noticing whether obviously or not, the person
speaking (myself in the present instance) shall conceive to demand it for such
reasons as will be addressed.
INTROD. LAWS Civil x Criminal - All Laws Penal [BR.]
Identifier: | JB/096/103/001 "JB/" can not be assigned to a declared number type with value 96.
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096 |
legislation |
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103 |
introd. criminal & civil all laws penal |
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001 |
all laws penal |
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1 |
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jeremy bentham |
[[watermarks::[gr with crown] [britannia with shield motif]]] |
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31107 |
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