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Beside the Imperfections included in the above cases which are imperfections in point of Substance, there are two other classes of imperfections Volume to which all Laws are obnoxious, which affect the Form - viz: their arising from Obscurity and Voluminousness. In every Law therefore there are 4 things at least to be considered 1st the Act prohibited or commanded [by it] 2.d the Sanction. 3dly Perspicuity of the Law. - 4thly It's volume.+
+ It's perspicuity and it's Bulk Volume come to be
material in this way — We will suppose it's End
either of Production or Prevention to be a fit one,
and it's Means viz: the punishment either a
fit one or the fittest: Now the Certainty of that
Prevention depends upon the People's Opinion of
the Certainty of the Punishment's being inflicted
in Consequence of Disobedience; that Opinion
depends partly upon the abstract Certainty itself,
partly upon the People's Apprehension of such Certainty;
& Lastly, that Apprehension depends
upon the Notoriety of the Law, it's Perspecuity
and it's Volume.
A Law is made, for example, against
Robbery; which we will suppose an expedient
one, having a fit End, viz: the prevention of
that Crime, and a fit Means, viz: the Punishment
of Hanging. Now it is plain, that a
Man's abstaining from that Crime, in so
far as the Law depends is concerned, depends
solely on his opinion of the Certainty of his being
hanged if he commits it: But in order to his having
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Identifier: | JB/070/056/001"JB/" can not be assigned to a declared number type with value 70. |
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of laws in general |
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introd. distribution of the work |
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[[watermarks::l v g propatria [britannia motif]]] |
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caroline vernon |
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23171 |
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