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DIVISION of LAW — Characteristic of Penal Law. 6
and every one of it's members: To A. B. so much for not cutting his Brother B. B.'s throat: so much: for not robbing his Father C. B. For not comitting the Forgery that D. B. was detraled in yesterday: For having set nobody's house on fire for the space of 6 months from such a day to such a day in
It has been all along supposed [and the thing is evident] that in strictness of speech
all Laws are penal The internal instrumental Law is an apparatus made to sit on severally upon each particular Distribution or accumulative Law as there is occasion [to put it in motion] Penal Laws are an extraordinary reinforcement of power applied to any part as there is occasion.
There is no Law but what forbids somthing to be done or commands somthing to directs somthing to be done or not done abstained from commands somebody to do or to abstain from somthing
be done — now for to doing or abstaining from acting doing men must have motives & ;
those motives must be [certain & uniform in] such as can be depended upon for their operation upon the mind. But of
there are but two kinds — punishments and rewards: and a man can always be
more certain of receiving pain by such means as the Law can employ to give
him pain, than he can of receiving pleasure by such means as it can
to give him pleasure. Coercion therefore is in common speech understood to belong to the former class of Sanctions; tho' the mind is strictly speaking neither more nor less free in the one case than in the other.) The notion that this gives us of the matter affair is that, the States as matters stand at present with the nation there is not money enough to reward everybody: for but if there was a certain number of times the money in as that there is, then we might turn our Gibbets. It would then be a good account current between the States Besides this every in pain can be created, and it's sources are inexhaustible
but pleasure can be scarce ever be created [by Laws] but must can be be transferred. + + A late writer, after rummaging Locke & Puffendorf without success, seems still hard at a loss set to find the reason why the sanction of Laws must consist in rather in penalties than rewards, perhaps his [reason] is, "that obedience to the Law is a matter of duty, demandable from the subject and unnecessary to be purchased by the allurements of gifts and privileges." Principles of Pen. Law p. 289 The answer to a very short question would have saved him all this trouble — If every body is to receive the reward who's is there shall we have that's to pay it? to pay it? [one might further ask him] besides might one asked him [had you it in your choice]: were the matter in your choice were it to depend upon your choice would you extort that from men's fears, which you might purchase from their hopes? by the Law, & it's
Law may be divided from There must therefore be a Sanction, & that Sanction can must be a Punishment. its object into Civil or Distributive Oeconomical
or accumulative: and Political or instrumental: preservative and that again into
and external —
In more familiar and explicit language — [A Legislator whatever can occupy a Legislator must be can be occupied about nothing best]
either appropriating distributing such Instruments of Happiness as already exist: or
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contriving to producing new ones; Of this kind are all Laws relative to Commerce, except those whose object is [not] the raising of a Revenue: and even many of those: the former of which are evidently employed or calculated for [nothing but] the directing of Man's Labor so as to produce more of the Instruments bounty
of enjoyment than they would do if left to themselves: this is the design at least, whatever may be the and even the answers this purpose together with their peculiar one. or securing both against foreign or domestic
which efficacy of all depends upon invasion. rapacity
The Appetite after Happiness is a principle uniformly and immovably rooted in mans
the breast of all Rature: — But as on the one hand many of the the means instruments of Happiness are limited [in their number
And on the other the appetite of possessing for happiness is unlimited [in it's intensity], that all may have
some it is necessary that a distribution be made; and when made deceased hence the right of Persons
over things — But Man himself is to some intents the instrument's materials of Man's enjoyment
and 2 hence therefore in part the rights of persons over persons —
or Lastly That's the distribution whose made, and their transmission for is perpetually attempted to be violated for those by the same
that rendered But at first and their establishment it necessary to be it is necessary that they have cured
who are to secure? not all of all were employed in security, there would
soon be nothing to secure; some out of the whole number must therefore be open
appointed invested with that for the purpose and hence in other part the rights of persons over persons Under this division may be included the History of Law ascertaining concerning Courts: which are nothing more than the Laws regulating the rights of & duties of what may & what must be done by the Persons resting in them over viz. Judges of obvious Judicial officers , officers of Revenue certain all denominations over the persons subject to their respective Jurisdictions and
appointed for the invested with that purpose — of securing against the attempts of individuals in
the security in question
INTROD. Law Civil X Criminal. Sanction [BR] [ ] why Penal rather than Praemiary.
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