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<head>11</head> | |||
<p>6. Shall the act be criminal in All Mankind, or in Certain<lb/> | |||
Individuals only; and shall Principals only, or Accessaries<lb/> | |||
also, be denounced; and is the existing law in unison<lb/> | |||
with the principle which the answer to this question <lb/> | |||
affords?</p> | |||
<p>7. What Punishment shall be annexed to the offence;<lb/> | |||
and is the existing law in unison with the principle which<lb/> | |||
the answer to this question affords?</p> | |||
<p>8. What are the best Means of Bringing the Offender to<lb/> | |||
Justice; and is the existing law in unison with the principle<lb/> | |||
which the answer to this question affords?</p> | |||
<p>In order to suggest more readily and more distinctly to<lb/> | |||
the mind these several questions, the Arrangement has been<lb/> | |||
ordered.</p> | |||
<p>The utility of Analysis, and the Tracing of Doctrines to their<lb/> | |||
First Principles, may be illustrated by a single instance.<lb/> | |||
Upon the question, "How far the validity in law of the<lb/> | |||
thing forged, supposing it were genuine, is essential to<lb/> | |||
forgery," the utmost obscurity has hitherto prevailed; and<lb/> | |||
this, from not distinguishing between forgery by the common<lb/> | |||
law and forgery by the statute law, and between invalidity<lb/> | |||
arising from intrinsic circumstances and invalidity arising<lb/> | |||
from extrinsic circumstances. By keeping these distinctions<lb/> | |||
constantly in view, (as in Sections eight and nine of title<lb/> | |||
Forgery of this Code,) though the authorities throughout<lb/> | |||
may not be unison with each other, yet the causes of their<lb/> | |||
difference will be detected, and a principle afforded to<lb/> | |||
determine on which side the truth lies.</p> | |||
<p>To furnish a ready mode of ascertaining the doctrine upon</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
11
6. Shall the act be criminal in All Mankind, or in Certain
Individuals only; and shall Principals only, or Accessaries
also, be denounced; and is the existing law in unison
with the principle which the answer to this question
affords?
7. What Punishment shall be annexed to the offence;
and is the existing law in unison with the principle which
the answer to this question affords?
8. What are the best Means of Bringing the Offender to
Justice; and is the existing law in unison with the principle
which the answer to this question affords?
In order to suggest more readily and more distinctly to
the mind these several questions, the Arrangement has been
ordered.
The utility of Analysis, and the Tracing of Doctrines to their
First Principles, may be illustrated by a single instance.
Upon the question, "How far the validity in law of the
thing forged, supposing it were genuine, is essential to
forgery," the utmost obscurity has hitherto prevailed; and
this, from not distinguishing between forgery by the common
law and forgery by the statute law, and between invalidity
arising from intrinsic circumstances and invalidity arising
from extrinsic circumstances. By keeping these distinctions
constantly in view, (as in Sections eight and nine of title
Forgery of this Code,) though the authorities throughout
may not be unison with each other, yet the causes of their
difference will be detected, and a principle afforded to
determine on which side the truth lies.
To furnish a ready mode of ascertaining the doctrine upon
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Identifier: | JB/011/200/011"JB/" can not be assigned to a declared number type with value 11. |
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1826 |
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011 |
law amendment |
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200 |
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011 |
a letter to the members of the different circuits |
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printed material |
23 |
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recto |
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3897 |
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