date

1821 May 5 First Lines Divisions
1821 May 5

First Lines

Divisions

General division of the aggregate body of the Law.

Taking in the aggregate /On viewing/ the aggregate of that which in any century has the force of law, it will be found divisible in the first place, the whole of it, into two portions or branches: viz in the first place, that in which the rule of action is laid down, simply and absolutely, without reference to the functions of any such members of the community, as those whose business it is, under some such name as that of Judges, or ministers of justice, to service the observance of: in the next place that in which a description is given of the course to be taken by those same official persons for securing the observance of, and giving execution and effect to, that same the several arrangements continued in that same main or substantial branch. This branch may be distinguished by the name of the adjective branch of law of judiciary procedure.

Taken in the aggregate t/T/he main or substantive portion or branch of the law, may again be distinguished into two portions or branches: in the first place that in which individuals are considered separately only and in their private capacity. This may be distinguished by the name of pivate law - in the next place, that by /in/ which men /individuals/ are regarded collectively and in some collective capacity, with a view to the powers necessary to be exercised by some of them over others, for the good of the whole: this branch may be distinguished be the name of public or constitutional law.
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  • Title: [1821 May 5 First Lines Divisions]
    Description: 1821 May 5

    First Lines

    Divisions

    The law cannot in any part of it operate without doing more or less towards the making distribution of benefits and burthens.

    It may Burthens /it may/ distribute /attribute/ or impose without distributing /attributing/ or conferring benefit, in any shape: benefit in any shape that /is/ cannot confer without at the same time imposing burthen, in a correspondent shape either on the individual benefited or intended to be benefited, or on some other or others: most commonly on some other or others: most commonly even on all others with little or no exception.

    Taken in the aggregate, t/T/he whole body of the law may again by another division, derived from the source just mentioned, be distinguished in the /into/ two branches: viz. 1. that which is occupied in the distribution /description/ of the distribution intended to be made of benefits and burthens respectively as above, This branch may be styled the distributive branch of law. 2. That which is occupied in the description of the arrangements for giving effect to such distribution by furnishing individuals with inducements adequate to the purpose of securing /rendering/ their conduct conformable to the plan of distribution so marked out.

    Of the inducements thus employed some will be of as disagreable nature and thus come under the notion of burthens: others of an agreable nature; and thus come under the notion of benefits.

    That branch of Law, the arrangements of which are occupied in the application of burthens to the purpose of securing conformity to the arrangements made by the distributive branch of law is distinguished by the name of penal law.

    That branch of law the arrangements of which are occupied in the application of benefits to the purpose of securing conformity to the arrangements made by the distributive branch of law, may be distinguished by the name of remuneratory or remunerative branch of Law
  • Title: [1821. May 5th. First Lines]
    Description: 1821. May 5th.

    First Lines

    Divisions

    Of the whole body of the law or rule of action capable of having force in any country, one preeminently remarkable division, derived from a correspondently remarkable source and pervading the whole mass, still remains. It is that by which it is distinguished into two branches - the arrangements of one of which are arrangements that have really been made - made by the hands universally acknowledged as duly authorized and competent to the making of such arrangements, viz. the hands of the Legislator General or set of Legislators General, or their respective subordinates. This branch of law may be /stand/ distinguished from that which is correspondent and opposite to it by the name of real law, really-existing law, legislator-made law: it stands in English under the English government it stands already distinguished by the name of statute law, as also by the unchacteristic undiscriminate and in so far improper appellation of written law: the arrangements supposed to be made by the other of them, being in so far as they are arrangements of a general nature applying not only to individuals assignable but to the community at lareg, or to individuals not individually assignable, being /may be /stand// distinguished by the appelations of unreal, not really-existing, imaginary, fictitious, spurious, judge-made law, in /In/ English under the English government it stands already /actually/ distinguished by the unexpressive uncharacteristic and unappropriate names of common law and unwritten law.

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  • Title: [1821. May 5th. First Lines]
    Description: 1821. May 5th.

    First Lines

    Divisions.

    In so far as burthens are distributed /attributed/ and imposed, it is or ought to be to no other purpose than that of conferring the corespondent benefits. In so far as the individuals on whom the benefits are intended to be conferred are individuals considered separately and in their private capacity, the portion of the law by which the benefit is distributed, attributed and conferred will naturally present itself to view as occupied in the distribution, attributing and conferring of benefits. This branch of law, in so far as it is susceptible of a separate consideration, may be distinguished by the name of the beneficially distributive branch of distributive law: in so far as the individuals on whom the benefits are intended to be conferred are the whole number of the individuals of which the community in question is composed, or some large and extensively comprehended portion of that same whole number - so large as that the individuals comprehended in it are not individually assignable, the portion of law by which the benefit is distributed, attributed and conferred will naturally and almost unavoidably present itself as occupied in the distribution attribution and imposition of burthens. Thus it is, for example, in the case of those laws which are occupied in the imposition of taxes, or other forced contributions: with whatever degree of subserviency to the greatest happiness of the greatest number those taxes are imposed, and the produce of them employed, that is to say, the /quantity of/ the matter of applicable to the immediate purpose of conferring benefit to individuals, applied to the ultimate purpose of conferring benefit on the community, as above, taken at large. This branch of law, in so far as it is susceptible of a separate consideration, may be distinguished by the name of the onerously or burthensomely or rather the onerously distributive branch of distributive law.

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