JB_036_017_001.xml

Title: [1821. April 9. First Lines]

Description: 1821. April 9.

First Lines

Financial Law

S. Financial law — Law belonging to the Department of Finance —Revenue Law.

Financial law has, for its elementary part, portions detached from the several other branches of law.

By the Contributions which it opposed, correspondence burthens to that amount are distributed among the several contributors: contemplated considered in this point of view, the matter of the law of finance belongs to the distributive called the civil branch of law.

Penalties are attached to the conduct of all such persons whose endeavours are in any way applied in weakening the efficiency of these impositions: contemplated in this point of view, the matter of the law of finance belongs to the penal branch of law.

It is by the authority of certain persons invested with corresponding powers, that these contributions are imposed: the determination who these persons shall be— in what way they shall become invested with these powers—belongs to the Constitutional branch of Law.

Thus much as to receipt: after receipt, or in contemplation of receipt, comes expenditure.

In whatsoever shape money or money's worth passes out of the hands of those at whose command it is, if it be not disposed of in absolute waste, it operates in the character of matter of reward: contemplated in this point of view, the matter of financial law belongs to the remuneratory branch of law.

036_023.xml

Title: [[xxxvi. 23] 1821 April 25 First]

Description: [xxxvi. 23]

1821 April 25

First Lines

Constitutional Finance

Law concerning Finance - Financial Department of Government

The financial department is that which regards /by which is performed/ the extraction, custody, and expenditure of such money and money's worth as is employed or professed to be employed in the public service: viz. in the several other departments - in this and the several other branches of the public service.

Whasoever be the public function by the exercise of which service is rendered or professed /pretended/ to be rendered to the public, or to any part of it, money, or money's worth, or both, are, in a quantity more or less considerable, necessary to be employed and disbursed on the occasion of its being rendered: the financial branch is thus a branch which interlaces /intertwines/ itself and runs through the several abovementioned /other/ branches of the public service.

Of This branch of Government has for its proper end frugality /that branch of /or/ good economy which consists of/ - appropriate frugality.

In every department of the public service, good management has two perfectly distinguishable branches: the first peculiar to itself, being correspondent to the particular nature of the service: the other common to it with all the others: this universally applying branch of good management is frugality.

Considered in another point of view the peculiar and characteristic branch here spoken of may be stiled the positive branch: this, which is common to all, the negative branch: The dictates of frugality are conformed to in so far as, without preponderant prejudice to good management in other respects, money and money's worth is avoided to be disbursed or consumed.

JB_160_197.xml

Title: [[clx. 197] 1821 April 19 First]

Description: [clx. 197]

1821 April 19

First Lines

Distributive Law

In the penning of arrangements which present themselves in the shape of arrangements of Civil or Distributive, never should the Legislator let slip out of his mind, the effects they are capable of producing in the respective fields of three other branches of Law, the remuneratory branch, the penal branch and the Constitutional branch /viz the remuneratory, the penal and the Constitutional/.

Render the receipt of a benefit, conditional you convert it into a reward.

Render the receipt of a burthen, conditional, you convert it into a punishment.

Lodge in a succession of hands in large masses of a certain magnitude, the matter of which benefits are made, to be distributed /allotted to/ among, such as shall perform or undertake to perform certain acts - give to this arrangement a certain degree of permanence, you esablish a foundation, - you found an institution. Foundation is Legislation.

According to certain opinions of the whole number of the individuals, belonging past present and to come, belonging to the human species, a majority, or some other very large proportion, are, on the termination of the present life, consigned to a state of torment exceeding, in an infinite ratio, as well in intensity as in duration, the most affective that, in this life, has ever been experienced or can be conceived. According to these same opinions, there exists a certain class of persons so gifted that, by certain acts performable by any one of them in favour of any individual chosen by them /him/ for that purpose, either the probability diminution may be effected /applied/ either in /altogether to/ the probability of his being subjected to such torment, or at any rate to the duration of it. Set an exemption to this effect be supposed obtainable, the greatest mass of the matter of wealth that ever was possessed, or ever could be possessed, by any man would, in the character of a reward for the service by which this exemption or rather this chance of exemption was afforded, be as far from being equal in value to the service thus obtained as the value of the smallest denomination of coin would be to the value of the richest treasure ever accumulated within the compass of one and the same receptacle.

Let