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1823 Decr 30
Non penal & Penal CodeForm
§. Terminology
☞ Memm 30 Decr. To work up the Non-penal and Penal
Code together, accept that some of the more intricate and detailed
parts of the Non-penal may be postponed perhaps till after the completion
of the Penal. Ch Memo likewise to go on with the Enactive
part, postponing the Rationale, Expositive and Instructive
for the most part till after the completion of the Enactive, that the it may be before use in the
final ensemble.
§. 1. Ch. Of Rights
§. 1
The word right, is the name of a fictitious
entity; one of those objects the existence of which is feigned
for the purpose of discourse, and by a fiction so necessary
that without it human discourse and converse could not be carried on.(a)
(a) Though fictitious, the language is not can not be howeverdeceptive: in intention
at least, whatsoever in some cases may without intention
be the result. ☞ Go on.
Wh A man is said to have it, to hold it, to
possess it, to require it, to lose it. It is thus spoken of
as if it were a portion of matter which such as a man would
may take into his hand an keep it for a time and let
it go again. According to a phrase more common in or
law language than in ordinary language a man is
even said to spoken of as being invested with it: vestment is
closing: invested with it makes it an article of cloathing
and as much as to say is clothed with it.
Rights as commonly distinguished To the substantive
word are frequently prefixt as adjunct and attributive not only the adjunct word political,
but the word natural and the word political –
and thus rights are distinguished into natural,
moral and political.
From Of this mode of speech however much confusion
of ideas as th has been the result.
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