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JB/149/254/001

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Penal Code

You with your law
to be approved in
order that it may
be obeyed and in
order that it may
be approved you
must state the
reasons for which
you deem it worthy
of approval: the
considerations in are
reasons which have
impelled induced you to
its enactment. Hence
there should be
raciocinative matter.

Efficient cause
of the commencement
of right
Efficient cause of
the cessation of right.
These expressions
I have found more
commodious, than
the term, investitive
as dimestitive or ablative
collative events: for
efficient cause applies
may be best used
with the expression
rights. Events were
is a vague expression;
besides, which event
relates to single
motions, and the
subject matter may
relate not to a
single event but
to a state of things

In order to frame
clear laws you must
have a clear idea
of the subject matter
of the law.

Under the head of
the subject matter of
offences look out for
the necessary offence


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Theft and Embezzlement
are thus distinguished:
in the
case of theft the
offender has no
right to occupy
the subject matter
but in the case
of embezzlement
he has a right
to occupy it
though no right
to retain it.

When you are
legislating on particular
cases you
should not as is
now done
seek
out the most
comprehensive
expression: and
the practise now
is to enumerate
instances of the
particular cases
and then to give
the general expression
but the mode should
be to give the
general expression
first and to state
the particular
instances afterwards
as examples. In
this way you are may be
sure that the
general expression
is ample.

"Exceptions excepted
"exceptions are"
by this last
expression I
am enabled to
add other without
derangement any
other exceptions
afterwards discovered.
By these terms when
after the rule
I avoid cramming
the exceptions
in the midst of


---page break---

the rule and
greater perspicuity
is secured.

I use "will" in
preferrence to
shall, because
about shall
there is a degree
of harshness.
I take it for
granted that the
person spoken to
will be desirous
of conforming
to the will of
the legislator:
(But is not
shall the more
correct expression
in relation of to
the position of
the lawgiver he
being in the
position of a
person having
it in his power
to enforce his
commands by a
penalty adequate
to overcome
resistance, and
this being the case
is not the law
legislature powerful
enough and its
situation sufficiently
well known
to be able to
make use of
the more correct
term without
an offensive
association)
I think the use of
shall would be
enabling to
some, putting having
the revolting
appearance of


---page break---

absolutism and
being not a bit
clearer in import
than will. In
my logic I have
somewhere settled
the distinctions
between shall
and will. –

In my pannomion
the first distinction
which I
make is between
matter and form.

On the occasion
of looking into
my own mind

You should set
down in all cases
the considerandi
as they bring the
subject under your
view and control:
by putting them down
in a list the subject
matter is distinctly
set forth, whereas
by sentences if
you have a lot
of sentences before
you, you no
determinate idea
is presented & you
are lost in a
may.

"Equivalences" this
is a

this is a term of
the great
value: for synonyms
are only a particular
one portion exemplification of
equivalences: namely
beween term and
termL but an equivalence
mat not only lie
between term and
term but between
proposition and proposition


Identifier: | JB/149/254/001
"JB/" can not be assigned to a declared number type with value 149.

Date_1

Marginal Summary Numbering

Box

149

Main Headings

penal code

Folio number

254

Info in main headings field

penal code

Image

001

Titles

Category

rudiments sheet (brouillon)

Number of Pages

4

Recto/Verso

recto

Page Numbering

Penner

sir edwin chadwick

Watermarks

j whatman turkey mill 1829

Marginals

Paper Producer

admiral pavel chichagov

Corrections

Paper Produced in Year

1829

Notes public

ID Number

50108

Box Contents

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