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<head>CH.... PARTS of a LAW - Laws SUBSTANTIVE and ADJECTIVE</head> | |||
<note>What I shall have to say in<lb/>this chapter respects a Law<lb/>only; & not what is called a statute<lb/>But as these terms are in common<lb/>language used <add>perpetually</add> promiscuately,<lb/>least the idea of a state<lb/>should obtrude itself where the<lb/>word Law is mentioned, I must<lb/>here <add>[at] the 1<hi rend="superscript">st</hi> step I can with surety make</add> in the first place<lb/>mark out the difference.</note> | |||
<p>It has been usual to enumerate four distinct<lb/>Parts in every Law: 1<hi rend="superscript">st</hi> a Declaratory 2. A<lb/>Directory 3. a Remedial 4 a Sanctional.<lb/>But these are with more propriety reducible to<lb/>two viz: A Directory and a Sanctional. <hi rend="superscript">+</hi></p> | |||
<note>NOVA DEFINLENDA.<lb/>+ The Sanctional is either<lb/>renumeratory or afflictive.<lb/>The Directory part of a Law, is<lb/>either simple or qualified.<lb/>When it is qualified it consists of 2 distinguishable parts -<lb/>1<hi rend="superscript">st</hi> One which may be called <lb/>the <hi rend="underline">active</hi> or <hi rend="underline">energizing</hi><lb/>[clause] being the same<lb/>which contributes the whole<lb/>directory part when [it is]<lb/><add>of the</add> simple [kind]</note> | |||
<note>Another which may be termed<lb/>the <hi rend="underline">qualifying</hi> or restrictive<lb/><hi rend="underline">clause</hi></note> | |||
<p>The Directory <del>as is judiciously</del> <add>it is well</add> observed by the<lb/>Author of the Commentaries<hi rend="superscript">+</hi>, includes the Declaratory.</p> | |||
<p>For (to use his Example) after saying "thou shalt<lb/>not steal, it is migatory to <hi rend="underline">declare</hi> that stealing<lb/>is a Crime. <add>The term usually inputs an</add> <del>He says indeed usually But I <lb/>know not of any Exception.</del> <add>exception - I know of none.</add></p> | |||
<p>The Remedial, as it is explained by the<lb/>same Author, is in part a distinct accessory<lb/>Law in aid of the principal one addressed to Persons<lb/>different from those who are the Objects of it the<lb/>latter: in part, a mere Branch of the Sanctional <lb/>Part of the principal one.<hi rend="superscript">+</hi></p> | |||
<note>N.B. Thus restricted may respect<lb/>either 1<hi rend="superscript">st</hi> the description<lb/>of the objects of the Law<lb/>or 2<hi rend="superscript">d</hi> of the act <add>[action]</add> in question</note> | |||
<p>The simplest Form in which a Law<lb/>can be couched includes both directory and sanctional<lb/>in a single proposition: of which the first<lb/>is subject, the latter predicate — As for<lb/>Instance "whoso robbeth — shall be hanged."<lb/>+ I Comm. 55.</p> | |||
<note>The restrictive [clause] may<lb/>form <add>be couched</add> a distinct grammatical<lb/>proposition, separated &<lb/>even at a distance from<lb/>the energizing clause.</note> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
CH.... PARTS of a LAW - Laws SUBSTANTIVE and ADJECTIVE
What I shall have to say in
this chapter respects a Law
only; & not what is called a statute
But as these terms are in common
language used perpetually promiscuately,
least the idea of a state
should obtrude itself where the
word Law is mentioned, I must
here [at] the 1st step I can with surety make in the first place
mark out the difference.
It has been usual to enumerate four distinct
Parts in every Law: 1st a Declaratory 2. A
Directory 3. a Remedial 4 a Sanctional.
But these are with more propriety reducible to
two viz: A Directory and a Sanctional. +
NOVA DEFINLENDA.
+ The Sanctional is either
renumeratory or afflictive.
The Directory part of a Law, is
either simple or qualified.
When it is qualified it consists of 2 distinguishable parts -
1st One which may be called
the active or energizing
[clause] being the same
which contributes the whole
directory part when [it is]
of the simple [kind]
Another which may be termed
the qualifying or restrictive
clause
The Directory as is judiciously it is well observed by the
Author of the Commentaries+, includes the Declaratory.
For (to use his Example) after saying "thou shalt
not steal, it is migatory to declare that stealing
is a Crime. The term usually inputs an He says indeed usually But I
know not of any Exception. exception - I know of none.
The Remedial, as it is explained by the
same Author, is in part a distinct accessory
Law in aid of the principal one addressed to Persons
different from those who are the Objects of it the
latter: in part, a mere Branch of the Sanctional
Part of the principal one.+
N.B. Thus restricted may respect
either 1st the description
of the objects of the Law
or 2d of the act [action] in question
The simplest Form in which a Law
can be couched includes both directory and sanctional
in a single proposition: of which the first
is subject, the latter predicate — As for
Instance "whoso robbeth — shall be hanged."
+ I Comm. 55.
The restrictive [clause] may
form be couched a distinct grammatical
proposition, separated &
even at a distance from
the energizing clause.
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Identifier: | JB/063/051/001"JB/" can not be assigned to a declared number type with value 63. |
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063 |
law in general |
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051 |
ch…parts of a law - laws substantive and adjective |
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001 |
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copy/fair copy sheet |
4 |
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recto |
f2 / f3 / f4 / f5 |
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[[watermarks::l v g propatria [britannia motif]]] |
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caroline vernon |
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20240 |
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