date

1821 April 15. First Lines
1821 April 15.

First Lines

Means

1 Distributive

3 Security

Where /Were/ nothing further necessary to the purpose, the list of these several definitions, (considered as being so many instruments employed in the process of affording, security, against these several /so many/ acts, by the exercise of which, in so far as they are exercised /security/ is broken in upon and lessened,) might without any apparent incongruity /impropriety/ be allotted to the branch of Law here in question. - viz the Civil or Distributive Branch. But such are the temptations by which, in the instance of each such /exciting /stimulating/ / offence, men are liable to be invited to the exercise of it, that unless, for the purpose of restraining them from the commission of those acts respectively, inducements of the nature of punishment were employed and announced, every such definition so sent abroad wothout support would be a dead letter and as such be without effect. Penal Law is the name given to that /therefore the/ branch of Law which occupies itself in the distribution of burthens to the intent of their having the effect of punishments: to each act to which a place is given in the list of offences as designated by their several denominations and definitions, its appropriate punishments or assortments of punishments. Thus it is that so much of the matter of Law as is occupied in the affording of security in these its several modes is universally and with indisputable propriety considered as belonging to the branch of Law denominated Penal Law.
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  • 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.
  • Title: [1821 April 15 First Lines Means]
    Description: 1821 April 15

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    Means

    Ch

    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 28 First Lines Constitutional]
    Description: 1821 April 28

    First Lines

    Constitutional

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    In so far as it matches with, and is determined by, the state of the constitutional branch of law, the state of the distributive branch of law, as appied to burthens will under the different forms of government wear the different complexions following.

    The state of the distributive branch of law as applied to burthens exercises an influence on the state and the results of the constitutional branch of Law in manner following.