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1823 Decr 30
Non Penal and Penal CodeForm
§. Terminology
§. 2.
The Pon-penal Code branch of the law and the Penal are both
of them occupied in the securing establishing and securing
every man in possession of his rights of all sorts. These
rights are so many instruments of felicity: they are
the instruments of whatsoever felicity a man can
derive from Government.
A mans political rights are
either his personal private right, or his political constitutional rights. Under
every form of government every man has personal private
rights: but these are forms of government are in existence
in which no man but one or some other comparatively small
in which a man has no such number have any constitutional rights.
Of private rights there are those five sorts – have
been distinguished: 1. rights as to person: 2. rights as to
property: 3. rights as to power: 4. rights as to reputation:
5. rights as to condition in life.
All these rights have for their efficient cause
certain services which by a general and standing disposition in them the functionary of government in
the supreme grade have are be understood to have rendered
him, by and which in consequence on each particular
occasion certain subordinate functionaries and in particular
the functionaries of judicature and upon occasion
the functionaries belonging to the army, hold themselves
in readiness to render to him. These services consist
in the giving execution and effect to all such ordinances
of the government as have been made in favour and for the
benefit of every individual situated in the individual situation
in which in all respects he is situated.
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