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<p><del>11</del> 5</p> | |||
<p><!-- pencil --><head>Punishment analysed</head></p> | |||
<p>Possession derived from persons consist in the <hi rend="underline">services</hi><lb/> | |||
rendered by those persons. Services may be distinguished into<lb/> | |||
<hi rend="underline">exigible</hi> and <hi rend="underline">inexigible</hi>. By exigible I mean such as a man<lb/> | |||
may be punished (to wit by the political sanction) for not rendering;<lb/> | |||
by inexigible, such as a an cannot be punished for<lb/> | |||
not rendering; or if at all, not by any other sanction than either<lb/> | |||
the moral or the religious.<hi rend="superscript">(a)</hi> The faculty of procuring such as<lb/> | |||
are exigible is commonly called <hi rend="underline">Power</hi>, to wit Power over Persons:<lb/> | |||
the faculty <del>of</del> <add>or</add> chance of procuring such as are inexigible<lb/> | |||
depends in great measure upon <hi rend="underline">Reputation</hi>; hence result<lb/> | |||
two farther kinds of Forfeiture: Forfeiture of Power and Forfeiture<lb/> | |||
of Reputation.<hi rend="superscript">(b)</hi><lb/> | |||
<add>Reputation</add></p> | |||
<p><head>Note.</head></p> | |||
<p>(a) To services inexigible but by the force of these auxiliary<lb/> | |||
sanctions, correspond what are called imperfect rights. Whatever<lb/> | |||
right a man may have to a service which the party is not punishable<lb/> | |||
by law for not rendering him is what is called <add>by writers</add> on the<lb/> | |||
pretended Law of Nature,<hi rend="superscript"><del>+</del></hi> an imperfect right; <add>and</add> the obligation to<lb/> | |||
render any such service, an imperfect obligation.</p> | |||
<p>(b) Of Services that are altogether inexigible, such as are Strictly<lb/> | |||
<add>spontaneous</add> gratuitous depend altogether upon goodwill: upon the goodwill of<lb/> | |||
<add>the</add></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
11 5
Punishment analysed
Possession derived from persons consist in the services
rendered by those persons. Services may be distinguished into
exigible and inexigible. By exigible I mean such as a man
may be punished (to wit by the political sanction) for not rendering;
by inexigible, such as a an cannot be punished for
not rendering; or if at all, not by any other sanction than either
the moral or the religious.(a) The faculty of procuring such as
are exigible is commonly called Power, to wit Power over Persons:
the faculty of or chance of procuring such as are inexigible
depends in great measure upon Reputation; hence result
two farther kinds of Forfeiture: Forfeiture of Power and Forfeiture
of Reputation.(b)
Reputation
Note.
(a) To services inexigible but by the force of these auxiliary
sanctions, correspond what are called imperfect rights. Whatever
right a man may have to a service which the party is not punishable
by law for not rendering him is what is called by writers on the
pretended Law of Nature,+ an imperfect right; and the obligation to
render any such service, an imperfect obligation.
(b) Of Services that are altogether inexigible, such as are Strictly
spontaneous gratuitous depend altogether upon goodwill: upon the goodwill of
the
Identifier: | JB/141/093/003"JB/" can not be assigned to a declared number type with value 141. |
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141 |
rationale of punishment |
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093 |
punishment analysed |
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003 |
note |
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copy/fair copy sheet |
4 |
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recto |
f3 / f4 / f5 / f6 |
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[[watermarks::myears [lion with crown motif]]] |
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caroline fox |
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folio now in two pieces |
48310 |
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