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<head>DIVISION OF LAW — All Laws penal</head> | <head>DIVISION OF LAW — All Laws penal</head> | ||
To this position however several <del>apparent exceptions may be <gap/></del> <add>classes of Laws may at first sight</add> seem to<lb/> | <p>To this position however several <del>apparent exceptions may be <gap/></del> <add>classes of Laws may at first sight</add> seem to<lb/> | ||
furnish so many exceptions. | furnish so many exceptions. | ||
<add>The</add> <del>First it may be asked, where is</del> <add>example alleged may be</add> that of a Law offering a bounty as <add>an</add><lb/> | <add>The</add> <del>First it may be asked, where is</del> <add>example alleged may be</add> that of a Law offering a bounty as <add>an</add><lb/> | ||
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that the persons to be rewarded were] <note>This is a note</note> But still <add>even here</add> <sic>it's</sic> effectuation <add>execution</add> <add>depends</add> <add>rests</add> <gap/><lb/> | that the persons to be rewarded were] <note>This is a note</note> But still <add>even here</add> <sic>it's</sic> effectuation <add>execution</add> <add>depends</add> <add>rests</add> <gap/><lb/> | ||
ultimately upon punishment; for if <sic><hi rend='underline'>sombody</hi></sic> <del>are</del> is to receive, <add>some persons are permitted</add> others are <add>to <gap/></add><lb/> | ultimately upon punishment; for if <sic><hi rend='underline'>sombody</hi></sic> <del>are</del> is to receive, <add>some persons are permitted</add> others are <add>to <gap/></add><lb/> | ||
pay; and the <del>obligation</del> <add>motive Sanction <sic>holden</sic> up to them</add> upon <add>to</add> them is <del>a</del> < | pay; and the <del>obligation</del> <add>motive Sanction <sic>holden</sic> up to them</add> upon <add>to</add> them is <del>a</del> coercive <add>penal</add> <del>obligation</del> <del><add>our</add></del><lb/></p> | ||
<p>Another may be that of a Law of which instances might be given + <note>+ In. an Instance</note><lb/> | |||
<del>which <sic>permitts</sic></del> <add>made for the sole purpose of permitting</add> certain acts to be dome by certain persons <note>As for instance the prints Acts enabling persons to make Sales of Estates &c.</note> — but <del>what</del><lb/> | |||
that permission <del>amount to without</del> <add>when examined meant no more than</add> a prohibition <sic>exprest</sic> or implied<lb/> | |||
to all other persons from hindering them? and that prohibition <del>has</del> <add>must ever</add><lb/> | |||
<add>have</add> some sanction to enforce it. which sanction <add>when nothing more is said</add> is the Costs of litigation.</p> | |||
DIVISION OF LAW — All Laws penal
To this position however several apparent exceptions may be classes of Laws may at first sight seem to
furnish so many exceptions.
The First it may be asked, where is example alleged may be that of a Law offering a bounty as an
encouragement to perform an act therein specified: such for instance as
the first made for the that of the 1st of W. J. Moury ch. 2 to encourage the exportation of corn. And have it is
to be acknowledged that the primary motive created offer'd by the Law is a reward
[which in this and similar instances it might well be considering 1st
That the measure which was the object of the Law tho' expedient was not necessary to be obtained
secondly; that the persons who were the objects of it expence of the reward would only be incurred in proportion as
the fund out of which it was to come should be increased; and thirdly
that the persons to be rewarded were] This is a note But still even here it's effectuation execution depends rests
ultimately upon punishment; for if sombody are is to receive, some persons are permitted others are to
pay; and the obligation motive Sanction holden up to them upon to them is a coercive penal obligation our
Another may be that of a Law of which instances might be given + + In. an Instance
which permitts made for the sole purpose of permitting certain acts to be dome by certain persons As for instance the prints Acts enabling persons to make Sales of Estates &c. — but what
that permission amount to without when examined meant no more than a prohibition exprest or implied
to all other persons from hindering them? and that prohibition has must ever
have some sanction to enforce it. which sanction when nothing more is said is the Costs of litigation.
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Identifier: | JB/096/105/001"JB/" can not be assigned to a declared number type with value 96. |
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legislation |
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105 |
introd. sanction penal & praemiary |
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001 |
division of law - all laws penal |
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jeremy bentham |
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