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1822. May. Copied & Revised 1828 July 7.
Code Constitutional or Penal &cCh. All comprehensive
☞ A Code is either 1. Constitutional or 2. Imperative ☞ See Peel's new Act for expository enactment
of this sort.
of Imperative two branches 1. Penal. 2. Civil
Constitution indicates by when the Imperative functions are preferable.
Art. 1. Every thing act that is not forbidden prohibited by this Code
is permitted: no person can be legally prevented
from doing it, or punished for having done it.
Art. 2. Prohibition is either direct immediate or indirect unimmediate
– immediate is by the words contained
in some determinate Article.
Art. 3. Unimmediate legal prohibition is prohibition
issued by some subordinate functionary or body of
functionaries, or some individual, to whom respectively
power to that effect has been and remains given
by the supreme legislature.
Art. 4. Every act that is not by this Code commanded
to be done, every person is free to omitt doing.
No person can be legally compelled to do it, or punished
for not having done it.
☞ Add salvo for succeeding laws of the ever-succeeding
Legislatures.
Identifier: | JB/549/203/001 "JB/" can not be assigned to a declared number type with value 549.
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Code Constitutional. Penal &c |
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Text sheet |
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Jeremy Bentham |
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