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<head>21</head> | <head>21</head> | ||
<p>Division of Laws according to the mode of their<lb/> | <p><note>How to entitle</note> Division of Laws according to the mode of their<lb/> | ||
Establishment: into Statute & Common Law.</p> | Establishment: into Statute & Common Law.</p> | ||
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large = Laws enacting</p> | large = Laws enacting</p> | ||
<head>35</head> | |||
<p>Laws operative on Laws = <del>Laws confir</del> <add>viz: with</add><lb/> | |||
respect 1<hi rend='superscript'>st</hi> to <del>Abstract</del> <add><del>naked</del> Misc.</add> existence — or 2<hi rend='superscript'>d</hi><lb/> | |||
to duration: or <del>third</del> 3<hi rend='superscript'>dly</hi> to substance.</p> | |||
<head>36.</head> | |||
<p>Abuses debilitative of the Religious Sanction. <hi rend='superscript'>+</hi> <note>+ v. Spectator N<hi rend='superscript'>o</hi> 459.</note></p> | |||
<head>37.</head> | |||
<p>Degree and species of certainty attainable<lb/> | |||
in Jurisprudential speculations — compared<lb/> | |||
with <add>that which belongs to</add> Mathematics.</p> | |||
<head>38</head> | |||
<p>Indirect Legislation</p> | |||
<head>39.</head> | |||
<p>Inseparability of Utility and Truth — confessed<lb/> | |||
by Warburton</p> | |||
<head>40</head> | |||
<p><note>40. v. BR. 1.</note> Utility sooner found out by itself than<lb/> | |||
Truth by Texts. <hi rend='superscript'>+ we are sure to find them in company: the question is therefore which of them we shall find it easiest to meet with? which of them is it leaves the plainest traces.</hi> <note>+</note></p> | |||
<head>41</head> | |||
<p>Qualification (of the qualifying clauses in a Law)<lb/> | |||
1<hi rend='superscript'>st</hi> Expositions as Definitions <gap/>. 2<lb/> | |||
Limitative & that 1<hi rend='superscript'>st</hi> Of Place. 2<hi rend='superscript'>d</hi> of Time. 3<hi rend='superscript'>dly</hi> of Subject-matter.<lb/> | |||
4<hi rend='superscript'>th</hi> of Persons [<foreign>ad quos</foreign>] concerned.</p> | |||
<head>INTRODUCTION. <del>Contents of the</del> Heads</head> | |||
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INTRODUCTION. Contents.
1 1
Encyclopedical Sketch. Station of Jurisprudence
in the Map of Science.
2 2
Jurisprudence Speculative and Practical
3 3
Distinction between Law Jurisprudence, Morality and
Religion
4 5
End of Law under it's most general description the maximum of Happiness in
Society
5 16
Dimensions of Happiness and Unhappiness.
6 6 9 8/7
Principle of Utility vindicated
Principle of Utility 7 the standard of propriety merit in a Law.
Division of Law 8 from its origin 15 reprobated into Devon
Natural Law of Nations, & Municipal Law,
reprobated.
9 16 17
Law — it's different senses collected. {To trace error to their source is to refute them}
10
Law Distribution is only a Function of Law — Each of the others is both a Function & an end. exerted in 3 ways according to — It's 3fold operation upon the instruments
of enjoyment and causes of unhappiness.
divided into Distributive + + The function of Distribution's subservient to the 2 others. Distributive of Powers over Persons things or Powers over persons in a private account. 3d. Powers over persons on a public account. 2 Conservatory [ob
intra & at extra] — at extra. or Constitutional. and Augmentative
or accumulatory.
11 9
Parts of a Law. Precept Direction part & Sanction —
Will of the Law — Primary and Secondary
---page break---
12 10
Sanction in twofold i themuneratory &
Afflictive — Pleasurable and Painful.
13
Sanction threefold by the Law
It's adventitious Foreign supplements + + or extraneous Co-adjutaments. or impediments. to. it Sanction political
Moral, Religious.
14 16
Rule of conduct in every case is but one. the
Balance of Interest can be but on one side at a time.
15
Laws Penal Law distinguished from others.
16 12
conflict [Stress sown] between the 3 Sanctions. Advantages & disadvantages of the Moral Sanction
17 13
Advantages & Disadvantages of the Religious
Sanction
18 14
Advantages & disadvantages of the Political Sanction.
19 19
Directiones nudae .............................
20 20
Directiones — Exhortations.
21
How to entitle Division of Laws according to the mode of their
Establishment: into Statute & Common Law.
22
What it is that constitutes a Law in Common
Law.
23
8 Cases which a Law may be in in respect point
of it's merit.
---page break---
24 21
Laws Substantive and Adjective.
25 9*
Form of the directory part of a Law - simple
or qualified — clause active / and
energetic / and qualifying or restrictive.
26
Utility 2fold — 1 Original and 2. derived
from expectation. The term Justice — the substitute for
dependent on the term utility in it's latter sense.
27
Expectation original or aboriginous and
arising from Law. Private interest or a confused sense of general interest produced the 1st act: Imitation by adding other like acts formed a habit: & from the habit formed, arises an expectation, without which had no reference to the interest private or general which was the first [radical] germ of it.
28 4 18
Crimes, Offences, Immoralities, Vices Sins, expressions
relative to the respective Sanctions.
29 7
Principle of Utility — Prejudices against —
30 *7
Principle of Utility — Abuses of.
31
Laws — mandatory, prohibitive , praemiary,
permissive.
32 18
Theology irrelevant to Independance of Jurisprudence on Theology.
33.
Difference between a Law and a Bye-Law
---page break---
34.
Laws operative on Laws — acts viz: of the people at Laws repealing
large = Laws enacting
35
Laws operative on Laws = Laws confir viz: with
respect 1st to Abstract naked Misc. existence — or 2d
to duration: or third 3dly to substance.
36.
Abuses debilitative of the Religious Sanction. + + v. Spectator No 459.
37.
Degree and species of certainty attainable
in Jurisprudential speculations — compared
with that which belongs to Mathematics.
38
Indirect Legislation
39.
Inseparability of Utility and Truth — confessed
by Warburton
40
40. v. BR. 1. Utility sooner found out by itself than
Truth by Texts. + we are sure to find them in company: the question is therefore which of them we shall find it easiest to meet with? which of them is it leaves the plainest traces. +
41
Qualification (of the qualifying clauses in a Law)
1st Expositions as Definitions . 2
Limitative & that 1st Of Place. 2d of Time. 3dly of Subject-matter.
4th of Persons [ad quos] concerned.
INTRODUCTION. Contents of the Heads
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