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OF LAWS in general. Parts of Law
DIRECTIONS
—
1
Concerning the measures of damages in Adultery.
desideratur: and generally as to what concerns the
offering of punishment not fixed.
2.
Concerning the mitigation of Forfeitures, especially for
frauds upon<add>the manufacture</add>offences against the Revenue viz. Offences against
Excise Laws — desiderantur. But v..1 Shaw
Excise 392. § 10. where are some sensible hearts
& which may be applied to Astination in Thefts &c by Juries.
3.
Directions are never fit best for a pis-aller:
[for this plain reason] that a perfect Law by including
a direction has all the its advantage: of a direction, it includes whereas a direction
has not the advantages of a perfect Law.
4.
al part of the trusted Laws of Antiquity were
nothing but DIrections; & that in on subjects matters which admitted
especially those touching
constitutional partsof perfect Laws:hence the frailty of the Constitution
in those Commonwealths: the constitution was
made depended to depend upon these imperfect Laws: those Laws
depending for their execution not on anythe permanent &
universal principles of Human Nature, but upon
a violent & transitory spirit, when that spirit was
evaporated fell to the ground, & with that the constitution.
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That spirit being [x/kept] [/alive] afloat by nothing but the perpetual dread of exterpation which behoved to ??? the [x/minds of the] inhabitants of petty States which one p/unsuccessful] Battle might destroy?, of which were perpetual? in Battle, upon the removal of that dread, presently? desicated itself. WHen a Town is besieged, by a formidable & cruel Enemy, there is scarce such a thing as property either in labor or possessions: everyone contributes what he has to the public safety: all hands set to work upon the Trenches? - All p/then] is Virtue. Thus it was with the Petty States of Greece: Their virtue was much left the effect of a particular form of Government, that of p/the majority of their ???] the dread of exterpation it ceased accordingly upon the change of [/that] their situation, those the form of government remained the same. Yet was Treachery to the Stat,e even in these times of perpetual peril, more frequent that in a time of peace??? it is now.
page break 5 [mn/Fittest for Magistrates] Directions [/those to the ???] are fittest for Magistrates, persons who have the confidence of the Law.
6. When men's interests are neuter, or in equilibrium? that is when there is no itnerest that prompts a man to act the this way rather than that, or hwen the interest in acting ¨this way¨rather than that, or when the interest in acting ¨this way¨i just as strong as the interest for acting that, a owrd from those in authority will turn the scale.
7. THe reason is taht there is a portion of the moral sanction. The probability is that the opinion of those that have one, will be on the end of that of the Legislature: and all those who have no opinion of their own, are of the opinion of the Legislator:
But there are those will tell you
But conscious is not concerned in that is they think not that the moral sanction ¨might¨or that the Religious ¨will¨attach/attack?
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Directions, the ' they do not come up to the character of perfect Laws, may yet with frequency be received into the body of Jurisprudence: for they as well as perfect Laws ^expressions of the Will of the Legislator^ are capable of/calculated to influencing the conduct of those to whom they are addressed. They as well as perfect LAws, require certain acts to be done: the only difference is, that the field of action being thus moveable? on of the second, the fact whether they are required to be done or not verifiable by those tests which it is in the power of the Legislature to apply. They contain therefore the primary Will of the Legislator just as Laws do.
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law in general |
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introdn parts of a law directiones nudae |
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jeremy bentham |
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