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<note>Power § 4</note> | <note>Power § 4</note> | ||
<note>1<lb/>Power <hi rend="underline">ab intra</hi> <lb/>& <hi rend="underline">ab extra</hi> — physical<lb/>& legal | <note>1<lb/>Power <hi rend="underline">ab intra</hi> <lb/>& <hi rend="underline">ab extra</hi> — physical<lb/>& legal</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/> | <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><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/></p> | ||
<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> | <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 | <p>Power ab extra in so far as [it is liable to be defeated<lb/>by] discovery is a bar to it will be <sic>consider'd</sic> 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/> | Towards the defeating of a criminal <sic>enterprize</sic><lb/>one main <add>great</add> point 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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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] discovery is a bar to it will be consider'd elsewhere.
Towards the defeating of a criminal enterprize
one main great point 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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