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<p><!-- pencil -->26 April 1805<lb/>
''This Page Has Not Been Transcribed Yet''
<head>Evidence</head></p>
 
<p><!-- pencil --><head>Note (a)</head></p>
 
<p>Instead of <hi rend="underline">non-penal</hi>, it has been common hitherto to say<lb/>
 
<hi rend="underline">civil</hi>:  but in <add>from</add> a work that aims at being understood, all locutions<lb/>
incompatible with that object must be discarded.  Besides<lb/>
non-penal, the epithet <hi rend="underline">civil</hi> as applied to law, is<lb/>
also put for non-military, non-ecclesiastical, and non-constitutional.<lb/>
In all these instances its signification, <del>though</del><lb/>
<add>though in its aspects positive disguised under a positive form,</add> is in effect but negative. <del>through</del> In addition to these <add>four</add> negative<lb/>
significations, it has <add>moreover</add> one positive one:  viz: that in which it is<lb/>
put to signify <hi rend="underline">Roman</hi>:  law that was in force among the antient<lb/>
Romans, or <add>any more</add> modern law <add>that has</add> grounded <del>upo</del> or grafted upon that<lb/>
antient law.  By having been applied to so many uses, it<lb/>
is become altogether unfit for any:  <add>if this be true</add> the best course therefore<lb/>
that can be taken with it is to discard it altogether.  It seems<lb/>
indeed not very easy to say what use it was ever <add>was</add> fit for:<lb/>
for <hi rend="underline">civil</hi> means citizen member of a political community:<lb/>
civil law will therefore mean that sort of law in <add>with</add> which the<lb/>
members of a political community have a concern:  <del>in</del> but<lb/>
what is the sort of law in which <del>the</del> no member of a<lb/>
<del>com</del> political community has a concern?</p>
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Revision as of 05:52, 18 June 2022

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26 April 1805
Evidence

Note (a)

Instead of non-penal, it has been common hitherto to say
civil: but in from a work that aims at being understood, all locutions
incompatible with that object must be discarded. Besides
non-penal, the epithet civil as applied to law, is
also put for non-military, non-ecclesiastical, and non-constitutional.
In all these instances its signification, though
though in its aspects positive disguised under a positive form, is in effect but negative. through In addition to these four negative
significations, it has moreover one positive one: viz: that in which it is
put to signify Roman: law that was in force among the antient
Romans, or any more modern law that has grounded upo or grafted upon that
antient law. By having been applied to so many uses, it
is become altogether unfit for any: if this be true the best course therefore
that can be taken with it is to discard it altogether. It seems
indeed not very easy to say what use it was ever was fit for:
for civil means citizen member of a political community:
civil law will therefore mean that sort of law in with which the
members of a political community have a concern: in but
what is the sort of law in which the no member of a
com political community has a concern?


Identifier: | JB/058/060/001"JB/" can not be assigned to a declared number type with value 58.

Date_1

1805-04-26

Marginal Summary Numbering

10a

Box

058

Main Headings

evidence

Folio number

060

Info in main headings field

evidence

Image

001

Titles

note (a)

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

e9

Penner

jeremy bentham

Watermarks

Marginals

jeremy bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

18729

Box Contents

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