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INTROD — Of LAW in general. 8
on tother side CLASSIFICATION It is very difficult if not impossible to divide the subjects of Law into classes intirely natural: that is so correspondent to the nature of things as to comprehend [say] all which their title imports & as more. I can hardly promise that the division I have proposed will not be liable to objections I hope however it will be of some use towards rending the prospect view of the whole more accurate. PUNISHMENT. The Author of the Commentaries of Eng on the Laws of England, agreable immemorial to the practise
of all his predecessors Qu. has included under the denomination of Public
Wrongs: the whole of that class of Actions which are [he represents as] the subjects
of the Criminal Law: but upon a critical examination it will be found to
be competent but to few. an error which from the consequences that have been
drawn from it, of great considerable practical in practic importance, as will be shewn I shall endevor to shew amply in the
sequel.
Wrongs says he + + V. 1. p. 118 are divisible into 1st Public Private wrongs, which being an infringement
of particular rights, concern individuals only, and are
called Civil injuries; and secondly Public wrongs, which being a breach
of General and Public rights, affect the whole community, and are
called Crimes and Misdemesnors.
Now it will appear It is not true that &c I trust, pretty plainly that on the one hand any of the Articles Acts
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comprized under the first division of Private wrongs, do equally in
extension tho' not in degree with those ranged under that of Public affect the whole community; & on the other,
that many or indeed most of those included under the division of Public, wrongs may be as well said
to affect individuals only as those comprehended under that of Private
Let us take as an Example of the first — Ejectment — or the
wrongful possession seizure of an immoveable property, possession as for instance of a House: of a piece of Land:
and of the other Larceny: or a wrongful seizure of a moveable possession
as for instance of a Silver Cup. Now it is evident that in both these cases, the
immediate object of the injury is but an individual person: viz: the
owner of the Land House or of the Cup: and on the other if the wrong done
by the taking of the Cup in whatever manner, affects the whole community
as it certainly does, the that done by the taking of the Land House does so too. not do so less no less. Impunity in
both cases would be give an equal invitation to new offenders, the respective kinds of other invaders of property and an equal
alarm to other proprietors owners of — All men every man that had so that if there was nothing to make
INTROD. Laws Civil X Criminal All Laws [BR] [ .] Penal.
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