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INTROD. LAW in general. Specific ends of. Distribut. Conserv. Accumulation
As all restraint imposed by Man upon Man is tends prima facie to diminish p the Sum of
Happiness, & is therefore inexpedient: it is necessary to make out in all Laws any Law that they produce it saves
more Happiness than by this means they it destroy: it is by virtue of that saving that
they become useful: hence the most commodious division of the body of the Laws is
from their use; which division at the same time that it exhibits directs to/indicates the individual Laws ranged under
it, indicates their Offices justifies their appearances admission.
Now of this sort is that into 1st Distributive: 2d Accumulation or Augmentation 3d Exophylactic Conservatory ab intra Of internal Security
Exophylactic. Of external Security Conservatory ab extra.
The two latter from their foreign original, & novel composition can never pass
current among the people: but they may serve to fix the Ideas of men of the
which the terms in common use are well very ill calculated to do.
Montesquieu and many other writers uses Political in contradistinction to Civil: tho' the one being a Latin word be an exact translation
of the other which is a Greek one.
Nothing mean-while can be more vague than the requification of those 2 Terms: Political
being sometimes as by Burlamaque opposed to such parts of the Phantom of the Law of Nature, as relates to mens
supposed to be living without Laws; & certainly under it maxims nof Utility relative to
such matters as are the subjects of the that other Phantom of Laws of Nations together with
a part of such as are the subjects of phylactic Laws.
Sometimes Civil being opposed to the Divine Revealed Law & the supposed P Law of Nature: as per
Domat: sometimes to the Common & Statute Law of England; as by English Common Lawyers, sometimes
opposed to Ecclesiastical; sometimes including Ecclesiastical.
Example of an Offence against
Distribution — Theft
Against Accumulation Augmentation Stealing Smuggling Wool
Against Exophylactic — Rescue
Against Exophylactic, Treason in corresponding
with an enemy.
Constitutional = Distributive
of the Public Internal [or
external] force.
To distribute, to accumulate, &
to secure — to secure 1st against
foreign states: 2ly. against amongst subjects
of the state in question, one against
another; 3dly against the Securers.
Were I writing in an age where in which the
language was less fixed, and wherein
hard new imported words of forms most might be introduced with with less
difficulty less resistance (where more not 1 only 3 indulgence 2
[but honour admiration ] was given to the
importers of hard words.
INTROD. Law — It's Ends and Powers Functions [BR][ ]
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law in general |
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introd: law - its ends and functions |
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jeremy bentham |
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