JB/550/108/001

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1824 Apr. 7
Penal CodeCh. Form
§. Terminology

Power is the faculty(a) of giving determination to either
to the state of the passive faculties or to that of the active faculties
of the subject in relation to and over which it is exercised
say the correlative subject.(a)

Power is either coercive or allective.

Coercive power is either restrictive or compulsive.

Of the correlative subject the passive faculties are either
merely insensitive or sensitive.

If merely insensitive it belongs to the class of inanimate
beings – and is referred still to the more general denomination of things.

If sensitive, to the class of animate.

If the animate of the class in question are considered as
belonging to the class of reasonable beings the correlative subject
is a person: including human beings of both sexes and all
ages being included.

If considered as irrational, it has hitherto by lawyers
been hitherto confounded with inanimate beings, and comprehended
under the denomination of things.

In so far as power is exercised with effect the
possessor of the power say the power holder may relation had with
relation to the correlative subject be termed the director
the correlative subject, the directees.

Note (a)
(a) Exposition In this form the exposition is of the sort stiled
definitive in the narrowest sense of the word – definitive per
genus et differentiam: exposition effected by indication given
of the most superior superordinate class of objects to in which the object in question is
considered as comprehended: together with that of the qualities peculiar
to it with reference to the other objects of that same class.

The import of the word faculty being still more extensive than that
of the word power as may be seen by the its causing adjunct passive
the word power is in a certain sense not unsusceptible of the definitive
per genus et differentiam: but to compleat the exposition, an
exposition by paraphrases
may perhaps require
to be added.

Identifier: | JB/550/108/001 "JB/" can not be assigned to a declared number type with value 550.
Date_1		Marginal Summary Numbering
Box	550	Main Headings
Folio number	108	Info in main headings field
Image	001	Titles
Category		Number of Pages
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Penner		Watermarks
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