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<head>Indirect Legislation</head> | |||
<note>Power § 4</note> | |||
<note>1<lb/>Power <hi rend="underline">ab intra</hi> <lb/>& <hi rend="underline">ab extra</hi> — physical<lb/>& legal<lb/> </note> | |||
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<p>Power may be divided <add>distinguished</add> into power <hi rend="underline">ab intra</hi><lb/>and power <hi rend="underline">ab extra</hi>: the first depends upon <add>expresses</add><lb/>the <del>condition</del> <add>state</add> of the <del>faculties</del> <add><del>internal</del> intrinsic qualities</add> of the person himself<lb/>who is in question; whether faculties of the<lb/>body, or faculties of the mind: the other upon the<lb/>state and condition of the <add>persons & other</add> objects with which he<lb/>has to do: <del>to which latter</del> physical power<lb/>comes under both heads: legal only under the<lb/>latter.<lb/></p>In the taking away of physical power<lb/>the sphere of the legislator's <add>legislative</add> <del>agency </del> <add>operations</add> , upon the<lb/>principle of utility can hardly be very extensive.<lb/> | |||
<note>2<lb/>Power ab extra<lb/>in as far as it is<lb/>liable to be defeated<lb/>by discovery <add>postponed</add> (will <lb/>be consider elsewhere<lb/></note> | |||
<p>Power ab extra in so far as it is liable to be defeated<lb/>by disscovery is a bar to it will be considered elsewhere.<lb/></p> | |||
Towards the defeating of a criminal <sic>enterprize</sic><lb/>one main <add>great</add> is gained, when those who<lb/>conceive themelves interested in defeating it <add>whose interest it is to defeat it</add> are apprised<lb/>of it. [By the supposition they have the<lb/>inclination requisite: they have now the knowledge:<lb/>and if they happen <add>besides</add> to have the power, the design<lb/>is frustrated.[And what is more] <sic>enterprizes</sic> to the<lb/>success of which the concealment of the design is necessary,<lb/>if concealment is hopeless are not embarked<lb/> <note>in</note><lb/><pb/> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
1
Indirect Legislation
Power § 4
1
Power ab intra
& ab extra — physical
& legal
Power may be divided distinguished into power ab intra
and power ab extra: the first depends upon expresses
the condition state of the faculties internal intrinsic qualities of the person himself
who is in question; whether faculties of the
body, or faculties of the mind: the other upon the
state and condition of the persons & other objects with which he
has to do: to which latter physical power
comes under both heads: legal only under the
latter.
In the taking away of physical power
the sphere of the legislator's legislative agency operations , upon the
principle of utility can hardly be very extensive.
2
Power ab extra
in as far as it is
liable to be defeated
by discovery postponed (will
be consider elsewhere
Power ab extra in so far as it is liable to be defeated
by disscovery is a bar to it will be considered elsewhere.
Towards the defeating of a criminal enterprize
one main great is gained, when those who
conceive themelves interested in defeating it whose interest it is to defeat it are apprised
of it. [By the supposition they have the
inclination requisite: they have now the knowledge:
and if they happen besides to have the power, the design
is frustrated.[And what is more] enterprizes to the
success of which the concealment of the design is necessary,
if concealment is hopeless are not embarked
in
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