date

1821 April 15. First Lines
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.
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  • Title: [1821 April 15 First Lines Means]
    Description: 1821 April 15

    First Lines

    Means

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    1. Distributive

    3. Security

    \PS\.3. Security -

    Third on the list of the benefits which the Civil branch of the Law is occupied in distributing is 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 it is to be afforded, three classes of persons differently situated and denominated viz. foreign adversaries considered as such, - foreigners considered in s 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.

    Of /As to/ the acts against which, security is to be afforded and by which in so far as they are committed /performed/, security is broken in upon and lessened, /they are/ in themselves and their immediate effects are 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 tyranny: if

    The mode /operation/ in which
  • 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;

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    operation
  • Title: [1821 April 15: First Lines]
    Description: 1821 April 15:

    First Lines

    Means

    Distributive

    4 Equality

    \PS\.4. Equality

    Fourth on the list of the benefits which the Civil Branch of the Law is occupied in

    distributing - /is/ equality.

    Of the four several possessions, for which according to their several natures,

    security for individuals is required individually considered, property is the only

    one, with relation to which, equality requires, or with propriety admits of, any

    considerable diversification. With the exception of such cases Except in so far as

    security cannot be given /afforded/ to one man, but by defalcation made from the

    security given /afforded/ to another -, where is the man to whom appropriate security

    ought not to be afforded for his person for his reputation or for his condition in

    life? Where is the man to whom for any one of those three possessions, greater or

    better security ought to be afforded than to any other?

    Remains property as the only one of the four possessions, remains property as the

    only one in relation to which, the application of the benefit of equality requires

    any considerable discrimination or reserve.

    Subsistence, security, - to the value of both these benefits, the value of that

    which is presented by the word equality, is plainly subordinate. In regard to

    subsistence the case is - that considered as apart from, and unaccompanied by,

    abundance, equality is essentially involved and included in the very conception of

    it: for as consistently with the supposition no man can in this case have more of the

    means of subsistence than another, so consistently with his existence no man can have

    less.