JB_160_153.xml

Title: [1821. April 6. First Lines]

Description: 1821. April 6.

First Lines

It is now perhaps rendered sufficiently manifest that between the matter of the penal code and the matter of the civil code a general separation will require to be kept up and that in theorder of enunciation it will be required that the penal code should stand first. And what the relation is between the matter of the penal and the matter of the Civil Code: and why it is that though, in so far as they are distinguishable from each other the place of the matter of the civil code is nearer than that of the matter of the penal code to their common end, and, in that point of view, stands foremost in the order of importance, apt, in the order of enunciation of it is in the matter of the penal code to stand first.

Of the matter of the penal Code, the designation made is not compleat, until a designation has been made of all the sorts of acts which, by it, are dealt with in the character of offences. Of the matter of the civil code, the efficiency would be throughout as nothing were not the several acts, by which the distributions made by it are violated, dealt with on the footing of offences. yet there is no such correspondency between the one sort of matter and the other as to render it convenient that both together should be amalgamated into one and the same Code. For though there are some offences for the full and adequate description of which abundance of the sort of expository matter above spoken of is necessary, as, for instance, the offences by the creation and punishment of which protection is afforded to property, yet property is but one out of several endowments to which protection is afforded: and some there are to the protection of which, by appropriate arrangements of penal law, no such voluminous masses of expository matter are requisite. Every man, for example, has, on certain conditions, and in certain modes, a right to protection at the hands of law against such acts as are injurious to it. But, for the designation of his title to his person, or of his title to such protection for it, no such details are necessary as in the case of property.

And the like may be said with regard to reputation.

059-397.xml

Title: [22 June 1804 Procedure & Evidence]

Description: 22 June 1804

Procedure & Evidence

8 (2)

Ends

Ch.1

'.3. Particular Main Ends

'.3. Operations of the substantive law - prevention[?], collation of rights reddition of satisfaction how provided for by it

In the substantive branch of the law, any gievn article in so far as it is good useful with reference to any men or set of men, renders to that man or set of men a service.

Such service it can not render to a man, but it conferrs on him a right:

This right is in some cases a ready-constituted /consummate/, in others say for shortness a constituted inchoate or an impetrable-right. It is ready-constituted, if conferred on him directly and compleatly by the legislator, insomuch that, to its being /having been/ constituted, nothing further is necessary to be done by any other person, nor in particular by the Judge:- it is impetrable /inchoate/, if to give it the character of a ready-constituted a consummate right, something requires to be done by some other /third/ person, viz: either in the first instances, or on his refusal, by the Judge. An impetrable right is a right to a right, viz: to a ready constituted right: a right to that sort of service which a Judge renders to a suitor, by conferring on him - by investing hims with - the constituted /the consummate right/ for which he prays.

For confirming in me /you/ a right - a constitutional /consummated/ right - the legislator /law/ has but one mode of action /course to take/, which is to prohibit, (c) on the part of me and every body else and by prohibiting convert into offences, the several sorts of acts which if performed would operate in violation of such right. (a)

Note?

(a) Thus in conferring on me the several rights relative to my person, /my reputation/ my property, my reputation, my condition in life - in other words in affording me whatever protection it affords me in these several respects, it prohibits it converts into offences, all those several acts which are treated by it as so many offences against any prejudice, in respect of any person, against any reputation, against any property against any condition in life.

Note (a)[?]

There is an old distinction of rights into perfect and imperfect. The distinction if it were a clear one, would be not very wide of that between constituted and impertrable. In general what is meant by an imperfect right seems to be a right without a /for which there is no/ remedy: a right constituted by a prohibition or mandatory law, which has no sanctionators[?], no penal clause /punitive law/ to give effect to it.

Note (c)

Under the idea of prohibiting may be included to this purpose that of commanding: commanding, the word used where the act wished to be done is of the affirmative cast being in relation to any act the same operation as the prohibition of the corresponding and opposite negative act. Prohibition seem the most convenient term of the two to employ because the acts - affirmative acts - which require to be prohibited are, in species[?] as well as individually much more numerous than those which require to be commanded.

037_021.xml

Title: [1821 April 15 First Lines Means]

Description: 1821 April 15

First Lines

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