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1827. Decr. 17.
Law AmendmentPropositions
Ch. II. Codification or
Ch. III. Remedies
§. 4. Suppressive remedy.
1.
Suppression requisite –
continuity of the act
or of the evil, or of
the source of the
evil produced by it.
2.
Act – offence – wrong.
1. Transitory.
2. Continuous.
3.
Nosology.
1. Natural.
2. Political.
3(a)
Time, a necessary yet
incongruous source
of division: for the line
of demarcation no
point being exclusively
appropriate.
4.
Necessary to suppression
adequate interval
between commencement
and consummation.
Remedy. – the suppression-authorizing,
applicable
by the law in so
far as an individual
able and willing to apply
it, has place.
5.
Hand authoritative.
I. A non-functinary's
viz.
1. party injured.
2. any person at large
on his behalf, with
or without his assent,
antecedent or subsequent.
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6.
2. – a functionary's.
Necessary in this case
is the interval – the interval
sufficient for
application.
Minimized is the
interval under the proposed
system; maximized
under the existing.
7.
Establishments for
application of suppressive
remedies –
1. Judiciary
2. Preventive Service.
8.
Cases for suppression.
1. Produced, a habit.
2. Matter rendered permanently
productive
of injury to person,
property, or condition
in life.
9.
Applicable in some
sort of cases alone, remedies
preventive and
suppressive: in all,
satisfactive and punitive.
10.
Of suppressive remedies
enumerated will
be – not the remedies
applicable to the purpose
of prevention, this
being already enumerated
but those only applicable
to suppression.
11.
Maleficent act.
1. positive.
2. negative.
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12.
1. When positive, the
faculties acted upon –
1. the purely passive,
2. the active, through
or not through the
passive.
13.
Faculties passive –
remedies the preventive.
14.
In so far as it applies
to the active faculties,
act will be
either restrictive,
preventing motion
in the direction in
question; or incitative,
producing motion
of incitation
either allective or
compulsive. Sole efficient,
the compulsive.
15.
Instruments of restriction
either psychological,
as above;
or physical, to an
inclosed space – boundaries
solid or liquid:
incarcertation the
act where solid:
quasi-incarceration
where liquid.
Correspondent remedies –
1. The disincarcerative
2. The quasi-disincarcerative.
16.
Of coercion, direct
and undisguised psychological
instrument
power: of indirect
and disguised, influence.
17.
Of power or influence
exercised for the purpose
of coercion the
exercise is comminative.
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18.
Correspondent suppressive
remedy, legal
commination.
19.
Confinement applied
to a person in a state
actually or potentially
itinerant, if actually
itinerant, coitinerant,
if potentially, cohabitantial.
20.
Psychological the instrumental
of coercion
and confinement
in the case of the maleficent
act; so the
correspondent suppressive
remedy.
Identifier: | JB/064/151/001"JB/" can not be assigned to a declared number type with value 64. |
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