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23
Observations
, and the function, the penal form which the
Principal himself is bound in. This is the case where
the theoguidance any original matter, not contained in any passage of the Law.
To consider the of it in these several capacities.
In the first it was so is at present <add>of </add> unquestionably of use; but this
only because as as a substitute for a better expedient not yet established.
In the 2nd & 3rd its want is of the utility it has where it is applicable, is
there parts of it, I should consider as constituting the offence
In the 4th of the obligation. instrument
Its The utility it has of it in the 4th and last capacity I cannot
help looking upon as questionable. In the conditional part
it in no respect differs in effect from any conditions ordinary from an Article of Law. A
Command or assemblage of Commands, imposed upon such
persons as chary think proper to place themselves in the predicament
in question. In this respect then it has neither
merit nor demerit any otherwise than that which what would belong to a any
Law to the same effect which should be made would have.
In the penal part it stands liable to two objectives;
objectives which belong to this instrument as such, and which were
it couched in the advocacy form of a Law it might be
free from.
The one is the disproportionateness that is apt to result from
it, of the penalty to the offence: The second is, the
circuitousness and embarrassment difficulty of the mode of prosecution
introduced by it.
With reference to the 1st objection; the conditional past is either
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jeremy bentham |
[[watermarks::gr [crown motif] [lion with crown motif]]] |
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