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Direct Legislation it is when the secondary Will
has the same person for it's object as the primary:
Indirect', where it has some other.
Direct Legislation + + 12.G.3.c.73.ss3u. leaves the desire alive: Indirect
extinguishes it, or intercepts it in it's birth anticipates its function.
In Direct Legislation, the Legislator arms himself puts on his armour
of artificial terms & stands forth coupped: In Indirect
he moves into every thing by imperceptible wires,
keeping himself behind the curtain.
Indirect is at once more certain in it's success than
the Direct, and more pleasant in it's operation - impulse Obstacles manifestly unsurmountable take away the desire.
Under By InDirect Legislation, the physical power
of doing the in question taking the opposed suffer'd to ransom is taken away Ex Public Magarains against Monopolies &c.
Direct suffers the physical power to remain,
but pla against combats the interest plays off another
interest combats the interest with another interest
Indirect Legislation operates by causing men not to have
certain desires, instead of diverting them when
they are arisen.
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Laws considerable under the Head of Procedure
that is Laws Adjective may be considered as Articles
of Indirect Legislation framed against the acts prohibited
by the several Substantive Laws to which those Adjective
Laws cohere are appendages.
It is true that an article of Indirect Legislation cannot
be said to take away the means of committing an Offence
in any other sense than it can be said to take
away the offence itself, since neither in the one case
any more than in the other case it of itself impose
any physical necessity, but must still leave the
option to those who in the 2 cases are respectively the
objects of it's mandate or prohibition.
Except where it repeals exigr: a tax, there it takes
away the physical possibility of eluding it because
it leaves nothing to elude Only in a popular sense
the affect of taking away the
with less scruple, as having weaker obstacles
to encounter on the part of the will of those to
whom it is adressed it attains it's affect with greater
certainty.
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By means the operation of Indirect Legislation, physical
obstacles seem to start up of themselves
& militate against the obnoxious measures —
The provision + + in IC10 W.3.28.2 for obliging Watchmakers to set their
names tho made with other views, viz to prevent injury to the Trades and to the nation by counterfeit. is of great use when
added to the custom engrafted upon it of subjoining the
No. of the Watch as a check upon the stealing of that
Article.
And the Custom of Numbering might with this view
be extended to other Articles which may [admitt] be susceptible
of it (viz as being calculated to retain their first form
or not easily made to change it without the intervention
of peculiar arts,)
It would serve to constate the identity of an Article,
where it is liable to be confounded with other individual
Articles of the same species thus enabling the owner
to give that positive evidence of his property, for want
of which Thieves often go unpunished.
That may be reckoned as an Article of Indt Legislation
whereby Indirect Legislation may operate not only
1st By taking away the motive but also 2 By weakening
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the physical power of committing the Crime. by influences exerted upon persons other than those liable to become authors of the principal Offence in
some cases perhaps even by taking it away altogether
as by taking away the subject matter — & consult the
last regulations concerning Seamen's Wills & Powers.
The acts prohibited or neglects of duties enjoined by
Indirect Legislation may be considered as offences
accessary in fact & not Idea to the offence for the prevention
of which such Duties & such prohibitions were
established —
This in the occupational Laws will rank all the negligences misfearances of persons
not the immediate objects of those respective Laws &
many of those who are as Offences accessaries to the several Principal
Titles of 1.st Fraudation of duties + + or diminutive of the national Stock of Riches digested secreted 2 diminution
of the possible National Fund of Riches unsecreted 3 diminution
of the possible National Stock of Force unsecreted
But the Laws against which many of these are Offences,
are of the Adjective kind.
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INDIRECT LEGISLATION. [BR][4]
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Identifier: | JB/096/257/001 "JB/" can not be assigned to a declared number type with value 96.
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indirect legislation |
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[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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