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<p><note><hi rend='underline'>To be copied</hi></note> <del> | <p><note><hi rend='underline'>To be copied</hi></note> multitude of penal laws I <del>neither know</del>: no doubt the multiplicity<lb/> | ||
of our penal laws is an evil: but a much greater evil, & which is<lb/> | |||
much more likely to ensnare us, is the<del>ir</del> <add>2</add> want of precision in<lb/> | |||
<sic>enouncing</sic> them: <del><unclear>s</unclear></del> the <add>1</add> want of proportion of fixing them: & the<lb/> | |||
want of publicity in <sic>promulging</sic> them. Let the Legislature<lb/> | |||
measure the degree by the ends of punishment: let it explain | |||
<lb/> | <lb/> | ||
< | itself with precision: let it not notify <sic>it's</sic> will with sufficient | ||
<lb/> | <lb/> | ||
publicity, & there will be nothing impolitic or wicked in our<lb/> | |||
penal laws: no fear <add>if</add> <del>of</del> their multitude should ensnare<lb/> | |||
men's consciences.</p> | |||
<lb/> | |||
penal laws: no fear <add>< | |||
<lb/> | |||
<p> | <p> | ||
<del>The n</del> The Author saw <del>th</del> or thought he saw some difference<lb/> | |||
<lb/> | in what he calls the natural & municipal Law: this<lb/> | ||
difference <add>lies</add> <del>was this, that his natural law had only the</del><lb/> | |||
<lb/> | <del>moral, & not the legal Sanction: he mistook</del><lb/> | ||
difference <add>lies</add> <del>was this, that his natural law had only the</del> | not in the<del>ir</del> directory but in sanctionary part: for the rule<lb/> | ||
<lb/> | of conduct for a good man & a good Citizen must be the<lb/> | ||
same: the Characters are inseparable. Here was the<lb/> | |||
<lb/> | Author's first mistake: Because the sanctions are different<lb/> | ||
he supposed the end to be so too. He saw likewise or thought<lb/> | |||
<lb/> | he saw some difference in the sanctionary part &<lb/> | ||
same: the Characters are inseparable. Here was the | the difference is, that his natural law has only the moral<lb/> | ||
<lb/> | sanction, not the legal: here again he mistook: & because<lb/> | ||
municipal law has the legal sanction, concluded it could<lb/> | |||
<lb/> | not have the moral: & therefore supposing Conscience <lb/> | ||
he supposed the end to be so too. He saw likewise or thought | to be I know not what, & affected only the the moral <add>sanction</add> | ||
<lb/> | |||
<lb/> | |||
the difference is, that his natural law has only the moral | |||
<lb/> | |||
<lb/> | |||
municipal law has the legal sanction, concluded it could | |||
<lb/> | |||
not have the moral: & therefore supposing Conscience | |||
<lb/> | |||
to | |||
</p> | </p> | ||
<head>97</head> | <head>97</head> | ||
<pb/> | |||
<p><del>human laws to be binding upon mens</del><lb/> | |||
<del>Consciences, then the multitude of penal</del><lb/> | |||
<del>"laws would not only be looked upon as</del><lb/> | |||
<del>"an impolitic, but would also be a very wicked</del><lb/> | |||
<del>thing, if every such law were a Subject</del><lb/> | |||
<del>The mistake of our Author seems</del> | |||
<del>"snare for the conscience of the Subject".</del></p> | |||
<p><del>The Author seems to imagine, that the moral sanction has</del><lb/> | |||
<del>— He says, what I profess I do not understand.</del><lb/> | |||
<del>If the Legislature explains</del><lb/> | |||
<del>itself with precision, and <sic>notifys</sic> <sic>it's</sic></del><lb/> | |||
<del>will with sufficient publicity, I cannot</del><lb/> | |||
<del>understand, how it can ensnare the</del><lb/> | |||
<del>conscience of the Subject. I do not mean</del><lb/> | |||
<del>to justify the multiplicity of our penal <add>Laws</add></del></p> | |||
<pb/> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
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To be copied multitude of penal laws I neither know: no doubt the multiplicity
of our penal laws is an evil: but a much greater evil, & which is
much more likely to ensnare us, is their 2 want of precision in
enouncing them: s the 1 want of proportion of fixing them: & the
want of publicity in promulging them. Let the Legislature
measure the degree by the ends of punishment: let it explain
itself with precision: let it not notify it's will with sufficient
publicity, & there will be nothing impolitic or wicked in our
penal laws: no fear if of their multitude should ensnare
men's consciences.
The n The Author saw th or thought he saw some difference
in what he calls the natural & municipal Law: this
difference lies was this, that his natural law had only the
moral, & not the legal Sanction: he mistook
not in their directory but in sanctionary part: for the rule
of conduct for a good man & a good Citizen must be the
same: the Characters are inseparable. Here was the
Author's first mistake: Because the sanctions are different
he supposed the end to be so too. He saw likewise or thought
he saw some difference in the sanctionary part &
the difference is, that his natural law has only the moral
sanction, not the legal: here again he mistook: & because
municipal law has the legal sanction, concluded it could
not have the moral: & therefore supposing Conscience
to be I know not what, & affected only the the moral sanction
97
---page break---
human laws to be binding upon mens
Consciences, then the multitude of penal
"laws would not only be looked upon as
"an impolitic, but would also be a very wicked
thing, if every such law were a Subject
The mistake of our Author seems
"snare for the conscience of the Subject".
The Author seems to imagine, that the moral sanction has
— He says, what I profess I do not understand.
If the Legislature explains
itself with precision, and notifys it's
will with sufficient publicity, I cannot
understand, how it can ensnare the
conscience of the Subject. I do not mean
to justify the multiplicity of our penal Laws
---page break---
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Identifier: | JB/096/036/002"JB/" can not be assigned to a declared number type with value 96. |
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096 |
comment on the commentaries |
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036 |
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002 |
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collectanea |
4 |
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recto |
c96 / c97 / c98 / c99 |
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168 |
[[watermarks::gr [quartered royal arms motif]]] |
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[[notes_public::"to be copied" [note not in bentham's hand]]] |
31040 |
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