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11 5
Punishment analysed
Possession derived from persons consist in the services
rendered by those persons. Services may be distinguished into
exigible and inexigible. By exigible I mean such as a man
may be punished (to wit by the political sanction) for not rendering;
by inexigible, such as a an cannot be punished for
not rendering; or if at all, not by any other sanction than either
the moral or the religious.(a) The faculty of procuring such as
are exigible is commonly called Power, to wit Power over Persons:
the faculty of or chance of procuring such as are inexigible
depends in great measure upon Reputation; hence result
two farther kinds of Forfeiture: Forfeiture of Power and Forfeiture
of Reputation.(b)
Reputation
Note.
(a) To services inexigible but by the force of these auxiliary
sanctions, correspond what are called imperfect rights. Whatever
right a man may have to a service which the party is not punishable
by law for not rendering him is what is called by writers on the
pretended Law of Nature,+ an imperfect right; and the obligation to
render any such service, an imperfect obligation.
(b) Of Services that are altogether inexigible, such as are Strictly
spontaneous gratuitous depend altogether upon goodwill: upon the goodwill of
the
Identifier: | JB/141/093/003 "JB/" can not be assigned to a declared number type with value 141.
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rationale of punishment |
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093 |
punishment analysed |
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003 |
note |
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copy/fair copy sheet |
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recto |
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[[watermarks::myears [lion with crown motif]]] |
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caroline fox |
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folio now in two pieces |
48310 |
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