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<p><del>[The knowledge of the Law respects 4 directing | <p><del>[The knowledge of the Law respects 4 directing | ||
<lb/> | <lb/> | ||
it the points]</del> | it the points]</del> | ||
<lb/></p> | <lb/></p> | ||
<p><note>(1<lb/>The knowledge which<lb/>a man may have<lb/>of the Law respecting<lb/>any points <sic>admitts</sic><lb/> of 4 gradations</note></p> | |||
<p>There are 4 distinguishable degrees of knowledge | <p>There are 4 distinguishable degrees of knowledge | ||
<lb/> | <lb/> | ||
which a man may have respecting | which a man may have respecting | ||
<lb/> | <lb/> | ||
a Law. | a Law.</p> | ||
< | <p>1<hi rend='superscript'>st</hi> Whether there be any Law at all | ||
1<hi rend='superscript'>st</hi> Whether there be any Law at all | |||
<lb/> | <lb/> | ||
concerning the matter in question ?<del><hi rend='superscript'>n</hi></del> <!-- foreign text checked: --><foreign><hi rend='underline'>Ecquid | concerning the matter in question ?<del><hi rend='superscript'>n</hi></del> <!-- foreign text checked: --><foreign><hi rend='underline'>Ecquid | ||
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appointed for the breach of what it has so | appointed for the breach of what it has so | ||
<lb/> | <lb/> | ||
ordained ? | ordained ? <foreign><hi rend='underline'>Quâ sub poena</hi></foreign>? | ||
<lb/> | <lb/> | ||
4. What is the course <del>of</del> which it has appointed | 4. What is the course <del>of</del> which it has appointed | ||
<lb/> | <lb/> | ||
for the <add> | for the <add><del>in</del></add> bringing to <add><del>down</del> such</add> punishment | ||
<del> | |||
<lb/> | <lb/> | ||
< | <del>of</del> <add>down upon</add> those who may have <add>+</add> <note>+ been guilty of<lb/>such breach</note> incurred it? | ||
< | |||
<lb/> | <lb/> | ||
the | <foreign><hi rend='underline'>Ques modas prosequendi</hi></foreign>?</p> | ||
<p><note>(2<lb/>Crimes. Principal<lb/>of the<lb/><del>2</del> 1<hi rend="superscript">st</hi> Classes</note></p> | |||
<p>In all mischievous acts, whereof [the object & | |||
<lb/> | <lb/> | ||
the mischief are certain and conspicuous<hi rend='superscript'>#</hi>, <note># whereof the object<lb/>is an individual<lb/>and the mischief<lb/>manifest</note>]<lb/> | |||
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< | [<add><unclear>as might</unclear></add> the <hi rend='underline'>Principal</hi> Offences of the 2 first classes] | ||
<lb/> | <lb/> | ||
the knowledge of the two first points | the knowledge of the two first points | ||
<lb/> | <lb/> | ||
is <add>as it were</add> natural to man. | is <add>as it were</add> natural to man. That general & | ||
<lb/> | <lb/> | ||
vague knowledge of the ends of | vague knowledge of the ends of Society, and of | ||
<lb/> | <lb/> | ||
the Laws <del>which regulate it</del> <add>made to uphold it</add> which the | the Laws <del>which regulate it</del> <add>made to uphold it</add> which the | ||
<lb/> | <lb/> | ||
least instructed cannot fail of | least instructed cannot fail of imbibing | ||
<lb/> | <lb/> | ||
from those with whom he converses <add>is sufficient to</add> | from those with whom he converses <add>is sufficient to</add> inform | ||
<lb/> | <lb/> | ||
him , that if he does that which must as | him, that if he does that which must as | ||
<lb/> | <lb/> | ||
he sees hurt <hi rend='underline'>another man</hi> , the Laws | he sees hurt <hi rend='underline'>another man</hi>, the Laws | ||
<lb/> | <lb/> | ||
will do that which shall hurt <hi rend='underline'>him</hi> . | will do that which shall hurt <hi rend='underline'>him</hi> . | ||
<lb/></p> | <lb/></p> | ||
<p | <p>With regard therefore to acts of this description | ||
<lb/> | <lb/> | ||
he is sufficiently disposed to believe ," | he is sufficiently disposed to believe ," | ||
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such as Murder perhaps , <add>that</add> he is in the way | such as Murder perhaps , <add>that</add> he is in the way | ||
<lb/> | <lb/> | ||
of himself to <add><gap/></add | of himself to <add><gap/></add> form any precise opinion.<hi rend='superscript'><del>||</del></hi> <note><del>||</del> attain any precise<lb/>idea</note></p> | ||
<lb/></p> | |||
<p | <p>Still less can he be in general presumed | ||
<lb/> | <lb/> | ||
to be acquainted with <del>these</del> <add>the</add> expedients which | to be acquainted with <del>these</del> <add>the</add> expedients which | ||
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the Law has set on foot for <add>the</add> raising up of those, | the Law has set on foot for <add>the</add> raising up of those, | ||
<lb/> | <lb/> | ||
who shall accuse <hi rend='underline'>him</hi> who has committed any | who shall accuse <hi rend='underline'>him</hi> who has committed any</p> | ||
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<pb/> | <pb/> | ||
of the acts thus obnoxious , for verifying the truth | <p>of the acts thus obnoxious, for verifying the truth | ||
<lb/> | <lb/> | ||
of such accusation , <del>f</del> for the discharge<add>ing</add> from | of such accusation , <del>f</del> for the discharge<add>ing</add> from | ||
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<lb/> | <lb/> | ||
to the result of the enquiry.<hi rend='superscript'>+</hi> | to the result of the enquiry.<hi rend='superscript'>+</hi> | ||
<lb/></p> | <note>+ cXI</note></p> | ||
<p><note>(3<lb/>And Accessory<lb/>those <foreign>ex inapinato</foreign><lb/>excepted</note></p> | |||
<p>The same may be said of <del>such</del> <add>all</add> Accessory | <p>The same may be said of <del>such</del> <add>all</add> Accessory | ||
<lb/> | <lb/> | ||
Offences , those which are accessory < | Offences , those which are accessory <foreign>ex inapinato</foreign><lb/>excepted.</p> | ||
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<p>Qu. of those of the 3<hi rend='superscript'>d</hi> Class. | <p>Qu. of those of the 3<hi rend='superscript'>d</hi> Class. | ||
<lb/></p> | <lb/></p> | ||
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< | <p><note>(4<lb/>Politico-Oeconomical</note></p> | ||
<p>Of the Laws which prescribe to men <del>of particular professions</del> how they shall conduct | <p>Of the Laws which prescribe to men <del>of particular<lb/>professions</del> how they shall conduct | ||
<lb/> | <lb/> | ||
themselves in the exercise of <del>those</del> <add>particulars</add> professions | themselves in the exercise of <del>those</del> <add>particulars</add> professions | ||
<lb/> | <lb/> | ||
of which kind are most of those | of which kind are most of those <add>which</add> burthen <add>[tax]</add> prohibit | ||
<lb/> | <lb/> | ||
or restrain commercial dealings in the | or restrain commercial dealings in the | ||
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respective — in many of these instances , I | respective — in many of these instances , I | ||
<lb/> | <lb/> | ||
say , there is nothing which tends naturally | say, there is nothing which tends naturally | ||
<lb/> | <lb/> | ||
to lead to <del>the knowledge</del> <add>any even the 1<hi rend='superscript'>st</hi> and lowest degree of knowledge concerning them</add | to lead to <del>the knowledge</del> <add>any even the 1<hi rend='superscript'>st</hi> and lowest degree of knowledge<lb/> concerning them</add></p> | ||
<p | <p>There are 3 things which lead to some or | ||
<lb/> | <lb/> | ||
all of these degrees of knowledge : 1<hi rend='superscript'>st</hi> The <sic>Sence</sic> <add>+</add> | all of these degrees of knowledge : 1<hi rend='superscript'>st</hi> The <sic>Sence</sic> <add>+</add> <note>+ perception or<lb/>opinion</note> | ||
<lb/> | <lb/><!-- line in ink across the page --> | ||
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of some necessity <add>for</add> or utility in a Law to be | of some necessity <add>for</add> or utility in a Law to be | ||
<lb/> | <lb/> | ||
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of obedience paid <add>by others</add> to some such Law ; i:e | of obedience paid <add>by others</add> to some such Law ; i:e | ||
<lb/> | <lb/> | ||
of a mode of conduct | of a mode of conduct pursued <del>which</del> <add>for the</add> pursuing | ||
<lb/> | <lb/> | ||
of which no motive appear but on | of which no motive appear but on | ||
<lb/> | <lb/> | ||
the supposition of such a Law<add>++</add> . 3<hi rend='superscript'>dly</hi> The | the supposition of such a Law<add>++</add> <note>++ as the payment<lb/>of Taxes</note> . 3<hi rend='superscript'>dly</hi> The | ||
<lb/> | <lb/> | ||
observation of the execution of some such | observation of the execution of some such | ||
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<lb/></p> | <lb/></p> | ||
<p | <p>Of these helps <add>were</add> the first <add>1st and lowest</add> fails in the instance | ||
<lb/> | <lb/> | ||
of Laws of which the utility <add>is problematical, | of Laws of which the utility <add>is problematical, or </add> <sic>tho'</sic> real, is | ||
<lb/> | <lb/> | ||
not manifest , <del>but</del> <add>nor</add> discernible <del>only</del> but | not manifest , <del>but</del> <add>nor</add> discernible <del>only</del> but | ||
<lb/> | <lb/> | ||
through a deep-extending medium , which | through a deep-extending medium, which | ||
<lb/> | <lb/> | ||
the <del>objects</del> <add>optics</add> of persons unexercised in political | the <del>objects</del> <add>optics</add> of persons unexercised in political | ||
<lb/> | <lb/> | ||
speculations are ordinarily unable to pervade.<add> | speculations are ordinarily unable to pervade.<add>#</add><note># Instance, the<lb/>Navigation Act,<lb/>which <sic>ows</sic> its<lb/> notoriety <del>to</del> a<lb/>further cause ;<lb/>viz: to it's natural<lb/>celebrity<lb/>sufficient to bring<lb/>it to the <unclear>recognizance</unclear><lb/><!-- continues to thr right -->of persons of a profession the nature<lb/>of which it is to be exercised by persons<lb/>of such a rank as is ordinarily accompanied<lb/>by an education calculated to<lb/>put them upon the track of such an<lb/>enquiry.</note></p> | ||
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<head><del>COMPOSITION</del> <add>PROMULGATION</add> . Part. Codes — 4 degrees of knowledge - [ [XLI] 3 natural conducives to Notoriety.</head> | <head><del>COMPOSITION</del> <add>PROMULGATION</add>. Part. Codes — 4 degrees of knowledge - [ [XLI] 3 natural conducives to Notoriety.</head> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
[The knowledge of the Law respects 4 directing
it the points]
(1
The knowledge which
a man may have
of the Law respecting
any points admitts
of 4 gradations
There are 4 distinguishable degrees of knowledge
which a man may have respecting
a Law.
1st Whether there be any Law at all
concerning the matter in question ?n Ecquid
Lex Habut?
2. What it is that the Law has ordained
concerning the matter in question ?
Quid Lex Statuit?
3. Under What is the penalty punishment which it has
appointed for the breach of what it has so
ordained ? Quâ sub poena?
4. What is the course of which it has appointed
for the in bringing to down such punishment
of down upon those who may have + + been guilty of
such breach incurred it?
Ques modas prosequendi?
(2
Crimes. Principal
of the
2 1st Classes
In all mischievous acts, whereof [the object &
the mischief are certain and conspicuous#, # whereof the object
is an individual
and the mischief
manifest]
[as might the Principal Offences of the 2 first classes]
the knowledge of the two first points
is as it were natural to man. That general &
vague knowledge of the ends of Society, and of
the Laws which regulate it made to uphold it which the
least instructed cannot fail of imbibing
from those with whom he converses is sufficient to inform
him, that if he does that which must as
he sees hurt another man, the Laws
will do that which shall hurt him .
With regard therefore to acts of this description
he is sufficiently disposed to believe ,"
that there is a Law concerning them , viz.
2dly That there is a Law which prohibits
them : but what are the penalties respectively
appointed for the breach of them is a point
in concerning which it is in the instance of a few only ,
such as Murder perhaps , that he is in the way
of himself to form any precise opinion.|| || attain any precise
idea
Still less can he be in general presumed
to be acquainted with these the expedients which
the Law has set on foot for the raising up of those,
who shall accuse him who has committed any
---page break---
of the acts thus obnoxious, for verifying the truth
of such accusation , f for the dischargeing from
the punishment or the infliction of it according
to the result of the enquiry.+
+ cXI
(3
And Accessory
those ex inapinato
excepted
The same may be said of such all Accessory
Offences , those which are accessory ex inapinato
excepted.
Qu. of those of the 3d Class.
(4
Politico-Oeconomical
Of the Laws which prescribe to men of particular
professions how they shall conduct
themselves in the exercise of those particulars professions
of which kind are most of those which burthen [tax] prohibit
or restrain commercial dealings in the
respective — in many of these instances , I
say, there is nothing which tends naturally
to lead to the knowledge any even the 1st and lowest degree of knowledge
concerning them
There are 3 things which lead to some or
all of these degrees of knowledge : 1st The Sence + + perception or
opinion
of some necessity for or utility in a Law to be
made upon the subject . 2dly the Observation
of obedience paid by others to some such Law ; i:e
of a mode of conduct pursued which for the pursuing
of which no motive appear but on
the supposition of such a Law++ ++ as the payment
of Taxes . 3dly The
observation of the execution of some such
Law , viz: of the suffering of some one
as for the transgressing of it.
Of these helps were the first 1st and lowest fails in the instance
of Laws of which the utility is problematical, or tho' real, is
not manifest , but nor discernible only but
through a deep-extending medium, which
the objects optics of persons unexercised in political
speculations are ordinarily unable to pervade.## Instance, the
Navigation Act,
which ows its
notoriety to a
further cause ;
viz: to it's natural
celebrity
sufficient to bring
it to the recognizance
of persons of a profession the nature
of which it is to be exercised by persons
of such a rank as is ordinarily accompanied
by an education calculated to
put them upon the track of such an
enquiry.
COMPOSITION PROMULGATION. Part. Codes — 4 degrees of knowledge - [ [XLI] 3 natural conducives to Notoriety.
Identifier: | JB/079/031/001"JB/" can not be assigned to a declared number type with value 79. |
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promulgation part. codes - 4 degrees of knowledge - 3 natural conducives to notoriety |
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jeremy bentham |
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