JB/096/256/002

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INDIRECT LEGISLATION

Indir: Legislation reversed i.e. more cost than a an example of 13. Edw. II. 2:c.5. a Truth
of which no person who is ever so little acquainted with their
History will have a doubt.

It may be still practised with the support of the people against
powerful combinations, the leaders of which if few, there is a chance may continue blinded
for a time — But it is a dangerous experiment, (to consider
utterly for a moment but the private prudence of the conductor, to practise it against
speaking only if it for a moment only as it seems &c the body of the people) — However refined their judgment of the commending his the Genius of
Projector it is many to one but that some one person at least
who having strength of mind sufficient to penetrate into the design has the ability
in the nation who either hating him or loving the public finds either his love of the public or hatred of the projector has
therefore the a motive to expose him & blow up the mice.

Examples Instances of it's having been employ'd for the second purpose are
particularly in their later improvements in the Statute book not unfrequent in our Statute Laws - particularly in their latin improvements in the statute book book — affixing extending
the Punishment for Coining to the having Tools useful for that high
purpose in one's possession - There are so many instances In that the worst systems of Accessory offences are operations which come under this the extending of the punishment
of acting criminals to those who help them; from them to those who
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receive them This indeed & from them again to those who help them off
with the fruits of their crimes + + minor: tho' these are not permitted in equal degree - except the particular case in Wild's Act — The vigour but fold of tho' formidable
Invention of the Riot Act, may be deemed instances examples
of this sort.

Of the first the most perfect of all <add>commonly the as it includes the second, & perhaps even the third</add> (together with the second) I know but one example
subsisting, the striking and masterly provision of Recognizances
so justly celebrated by the Author of the Commentaries; unless the Body
of the Poor Laws be celebrated with equal justice by the same
Author be concider'd by one of it's faces as a system of provisions of that
nature. # # Another instance may be the Marriage Act (if this was any part of the design of it) in susperceding the occasion of executing the severe capital statutes against of Infants — if it had been any part of that design, those statutes would not have been suffer'd to subsist.

What I have ventured to propose on the subject of clandestine
Marriages and on that of preventing accidents from Drovers, The contrivance of the whole system of Punishments with a view to the prevention of escapes appeared to me an example of the first, &
on that of Fornication, + + which I believe is not entirely new of the first & second unitted together.

The whole affair of Legislation against immorality & irreligion consider'd as undertaken with
a view of suppressing real Crimes is an affair Indirect Legislation; where the
connection of the supposed effect with it's supposed cause is often very equivocal,
& the mischief much done by the Interference of the Legislator much more certain that that which is
prevented. Against Gaming Bill for discovery to Receiver appointed who to pay Rents & Profits to of : then to convey to if any. Next in to sue notice & .

INDIRECT LEGISLATION [BR][3]

Identifier: | JB/096/256/002"JB/" can not be assigned to a declared number type with value 96.
Date_1		Marginal Summary Numbering
Box	096	Main Headings	indirect legislation
Folio number	256	Info in main headings field	indirect legislation
Image	002	Titles	moral sense
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	/ c3 f198
Penner	jeremy bentham	Watermarks	[[watermarks::[motif] l v g]]
Marginals		Paper Producer	caroline vernon
Corrections		Paper Produced in Year
Notes public		ID Number	31260
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