JB_037_064_001.xml

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 & burthens.

Burthens it may attribute & distribute or impose without distributing, or conferring benefit, in any shape: benefit in any shape it cannot confer without at the sometimes imposing a burthen, in a correspondent shape either on the individual benefitted or intended to be benefitted, or on some other or others: most commonly even on all others with little or no exception.

, the whole body of the law may again by another division, derived from the source just mentioned, be distinguished into two branches: viz. 1. that which is occupied in the description of the distribution intended to be made of benefits & 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 rendering their conduct conformable to the plan of distribution so marked out.

Of the inducements thus employed some will be of a disagreeable matter & thus come under the nothing of burthens: others of an agreeable matter; & thus come under the motion 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 distributative 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 names 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 the of remuneratory or remunerative branch of law

037_065.xml

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.

Of

JB_037_065_001.xml

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

Description: 1821. May 5th.

First Lines

Divisions

In so far as burthens are distributed and imposed, it

is or ought to be to no other purpose than that of conferring the

correspondent 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 law by

which the benefit is distributed, attributed and conferred will naturally

present itself to view as occupied in the distribution,

attribution and conferring of benefits. This branch of law, in so far as it

is susceptible of a separate consideration, may be distinguished by the

manner 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 individual

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 interposition 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 matter

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