JB_037_033_001.xml

Title: [1821. April 17. First Lines]

Description: 1821. April 17.

First Lines

Penal Law

The proportions which by the above considerations, have been indicated as fit to be established in so far as the nature of the case and superior considerations, if any, admitt, as between offences and punishments, have been stated as follows.

037_034.xml

Title: [1821. April 17. First Lines]

Description: 1821. April 17.

First Lines

Penal Law.

Classification[?] Character[?]

Forty years ago, (the year is now 1821.) forty years ago, the /in/ conformity to the lights perhaps somewhat in advance of the ordinary lights of the then present time, an arrangement, having in view the application on that occasion, proposed /the matter of/ of punishment, the several imaginable /possible/ sorts of offences were endeavoured to be discovered, and, to those discovered, denominations were given, and those denominations arranged according to a system /mode/ of arrangement of which the following were, on that same occasion, stated as being the characteristic, and in its leading features to the exclusion of all others that could be given the character of more apt ones, the peculiar properties.

037_023.xml

Title: [1821 April 15. First Lines]

Description: 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.