JB/096/104/002

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DIVISION of LAW — Characteristic of Penal Law. 6

It has been all along supposed [and the thing is evident] that in strictness of speech
all Laws are penal

There is no Law but what forbids somthing to be done or commands somthing to directs somthing to be done or not done <add>abstained from commands somebody to do or to abstain from somthing
be done — now for to doing or abstaining from acting doing men must have motives &amp ;
those motives must be [certain & uniform in] such as can be depended upon for their operation upon the mind. But of
there are but two kinds — punishments and rewards: and a man can always be
more certain of receiving pain by such means as the Law can employ to give
him pain, than he can of receiving pleasure by such means as it can
to give him pleasure. Coercion therefore is in common speech understood to belong to the former class of Sanctions; tho' the mind is strictly speaking neither more nor less free in the one case than in the other.) The notion that this gives us of the matter affair is that, the States as matters stand at present with the nation there is not money enough to reward everybody: for but if there was a certain number of times the money in as that there is, then we might turn our Gibbets. It would then be a good account current between the States Besides this every in pain can be created, and it's sources are inexhaustible
but pleasure can be scarce ever be created [by Laws] but must can be be transferred. + + A late writer, after rummaging Locke & Puffendorf without success, seems still hard at a loss set to find the reason why the sanction of Laws must consist in rather in penalties than rewards, perhaps his [reason] is, "that obedience to the Law is a matter of duty, demandable from the subject and unnecessary to be purchased by the allurements of gifts and privileges." Principles of Pen. Law p. 289 by the Law, & it's
Law may be divided from There must therefore be a Sanction, & that Sanction can must be a Punishment. its object into Civil or Distributive Oeconomical or accumulative: and Political or instrumental: preservative and that again into
and external —

In more familiar and explicit language — [A Legislator whatever can occupy a Legislator must be can be occupied about nothing best]
either appropriating distributing such Instruments of Happiness as already exist: or
contriving to producing new ones; Of this kind are all Laws relative to Commerce, except those whose object is [not] the raising of a Revenue: and even many of those: the former of which are evidently employed or calculated for [nothing but] the directing of Man's Labor so as to produce more of the Instruments bounty
of enjoyment than they would do if left to themselves: this is the design at least, whatever may be the and even the answers this purpose together with their peculiar one. or securing both against foreign or domestic
which efficacy of all depends upon invasion. rapacity

The Appetite after Happiness is a principle uniformly and immovably rooted in mans
the breast of all Rature: — But as on the one hand many of the the means instruments of Happiness are limited [in their number
And on the other the appetite of possessing for happiness is unlimited [in it's intensity], that all may have
some it is necessary that a distribution be made; and when made deceased hence the right of Persons
over things — But Man himself is to some intents the instrument's materials of Man's enjoyment
and 2 hence therefore in part the rights of persons over persons —

Identifier: | JB/096/104/002"JB/" can not be assigned to a declared number type with value 96.
Date_1		Marginal Summary Numbering
Box	096	Main Headings	legislation
Folio number	104	Info in main headings field	introd. law civil & criminal sanction why penal rather than praemiary
Image	002	Titles	division of law - characteristics of penal law
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	f6
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	31108
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