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in within which the several coercive laws have a their respective
place to as to as is binds in the , or
stores in the immensity of space.)
Ch. 33. Of the common or customary law: that no such
thing as a compleat law is to be found in it.
Ch. 34. Of the separation of the civil branch of
the law from the penal – That the former is
only a development of certain parts which belong in
common to the latter.
Ch. 35. The division of the laws into civil
and criminal – That this division as it stands at present is arbitrary
and unsteady fallacious & productive of confusion. (and till some positive law of separation
shall be drawn can tend only to mislead.)
Ch. 36. Of the distinction between penal and civil
procedure.
Ch. 37. Uses of the eighteen preceding chapters
Ch. 38. Idea of a compleat Corpus Juris and of
the different ways in which it may be divided
for different purposes into the penal internal
and the international, & the former into the penal
civil, & constitutional branches – into the general code
and the system of particular codes as determined by
the particular denominations classes of persons interested: into
the law of procedure or adjective law as it may
be called, and the substantive, or that to which the
adjective is the subsidiary: into the main body of the
law, and the appendix or book of formularies: including precedents
of conveyances, covenants pacts, judicial orders
&c. all which as far as circumstances permitt admitt should
be settled by the legislator.
⊞ ⊞ These 19 chapters
taken together form a
sort of universal anatomy of the any
entire body of the law whatsoever
considered nakedly as a
collection of expressions of
will, abstraction being made
of the propriety of the volitions
so expressed. In
this
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jeremy bentham |
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letter 426, vol. 3 |
56946 |
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