JB_037_021_001.xml

Title: [1821 April 15 S.3. Security]

Description: 1821 April 15

S.3. Security

Third on the list of the benefits which the Civil branch of the Law is

occupied in distributing security. Security considered as

applied to individuals has for its objects, four distinguishable

possessions: person, reputation, property, and condition in

life.

Security has for its adversaries, against whose enterprises is to be

afforded, three classes of persons differently situated and denominated

viz. foreign adversaries considered as such, — foreigners considered

in so far as they are, or are liable to become

adversaries; fellow citizens or fellow subjects, considered in

that same light; rulers viz. of the country in question considered in that

same light.

As to Acts against which, security is to be afforded & by

which in so far as they are performed

, security or broken in upon & lessened, they

are in themselves & their immediate effects

the same, by which soever of the three species of adversaries they are

exercised. Taken however in the aggregate, they are wont to be designated

by a different denomination according to the situation of the

class, to which the person or persons by whom they are exercised, is

considered as belonging: if to that of foreign adversaries, they are

denominated acts of hostility: if, to that of domestic

adversaries, considered in the character of subjects, acts of delinquency;

if to that of domestic adversaries, considered in the character of rulers,

acts of oppression, or if the oppression be considered as to a certain

degree flagrant, acts of tyrannt: if

operation

037_022.xml

Title: [1821 April 15. First Lines]

Description: 1821 April 15.

First Lines

Means

1. Distributive

3. Security.

For the case in which the persons against whose enterprises the security is to be granted are foreigners /foreign adversaries/. see \PS\ Constitutional Law.

For the case in which the person or persons against whose enterprises the security is to be afforded occupy in relation to the persons to whom it is to be afforded, the situation of Rulers, see again \PS\ Constitutional Law. Remains the case in which the persons against whose enterprises security is to be afforded, are considered in the character of subjects.

In this instance, the principal and leading operation by which the security is afforded, consists in giving to the several acts distinguishable and accordingly distinguished acts by which the security considered as applied to the several abovementioned sorts of possessions, is considered as being broken in upon and lessened, the denomination, and character and in the case of the persons considered as engaged in the exercise of those acts, the effects of so many different offences considered with reference to the persons engaged in the exercise of those acts. But so nice and difficult of apprehension is in many cases the distinction - on the one hand between one mode of delinquency and another - on the other hand between the /each/ several modes of delinquency and innocence: - and so inadequate to the purpose of conveying in this case, a clear, correct and complete conception of the object denominated, is the denomination itself - any single word of which a denomination can be composed, - that to each such denomination, it is altogether necessary that a distinction /be subjoined/ - or to speak more extensively a exposition - be subjoined, as also on the occasion of each such exposition a portion of explanatory matter, applied to the several distinguishable terms of which, it is composed.

037_007.xml

Title: [1821 April 3 First Lines 1]

Description: 1821 April 3

First Lines

1. Civil

Security

The sources of danger are operations or agencies

Operations from whence danger may arise are either of things or of persons

Persons considered in respect of any evil which their agency is the source, are termed adversaries

Of adversaries the situation is either with reference to that of the members of the community in question either external or internal

External adversaries are termed enemies foreign enemies they may be termed Adversaries from without /Of/ Internal adversaries may be either in the situation /the situation may be either that/ of subjects, or in that /that/ of rulers. In both cases they are Adversaries from within

Adversaries in the situation of subjects are /may be termed/ adversaries on a level. namely with the class of persons whose security is in view. They are termed malefactors, criminals, and with reference to any laws that may be made for the purpose of affording security against their operations as such - offenders, delinquents, transgressors

Adversaries whose situation is that of rulers, may be termed Adversaries from above.

The branch of law by which Security in so far as provided against malefactors, is provided is the penal branch. The Code by which it is provided is the Penal Code.

The branch of law by which security, in so far as provided against Adversaries from without is provided, is the Constitutional branch. The instruments of this security constitute the Military Force