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26 April 1805
Evidence
Note
Ch 1. Ends
' 3. Procedure Branches
Particular Ends
Note (a)
Instead of non-penal, it has been common hitherto to say civil: but in /from/ a work that aims at being understood, all locutions incompatible with that object just be discarded. Besides non-penal, the epithet civil as applied to law, is also just for non-military, non-ecclesiastical, and non-constitutional. In all these instances its signification, though disguised under a positive form /in its aspect positive/, is in effect but negative. In addition to these four negative significations, it has moreover one positive one: viz: that in which it is just to signify Roman: law that was in force among the antient[?] Romans, or any[?] one[?] modern law that was grounded or grafted upon that antient[?] law. By having been applied to so many uses, it is become altogether unfit for any: if that be true the best course therefore that can be taken with it is to discard it altogether. It seems indeed not very easy to say what use it was ever /was/ fit for: for civis means citizen member of a political community: civil law will therefore mean that sort of law in /with/ which the members of a political community have a concern: but what is the sort of law in which no member of a political community has a concern?
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Title: [[xxxvii. 4] 1821 April 3 First]Description: [xxxvii. 4] 1821 April 3 First Lines? 1. Civil? Security First Lines of a proposed Code of Law for any nation compleat and rationalized Security is the exclusion /non-existence/ of danger. Danger is a chance of evil: evil considered as contingence Evil is either positive or negative Positive evil is either actual suffering or the cause of it Negative evil is the absence of good, Good is either positive or negative Positive good is either enjoyment or the cause of it. Negative good is the absence of evils Note Moral evil is physical evil considered or produced by the agency or operation or agency, positive or negative of human being in certain circumstances. Take away /Suppose the non-existence of/ physical evil you take away moral evil: you have nothing but the name moral evil a set of words having /a combination of signs/, by which nothing is designated.
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Title: [23 June 1805 Evidence Introd]Description: 23 June 1805 Evidence Introd Ch. Non-Notoriety ''.2. General Mischief To render it in every instance clear as well as conformable to the truth of things, the general conception above given requires to be /in several points to be/ analyzed and particularized. The prime distinction is that between a penal and a non-penal law. 1. Take the case of a penal law. The mischief resulting from the non-notoriety of a law of this class is distinguishable into two very different lots. 1. First comes the mischief of the offence. This is measured by the number of times at which by the individual in question or in the community in question the offence comes to be committed, for want of their being apprized of the existence of the law whereby the commission of it was /stood/ prohibited: First lot of mischief flowing from the non-notoriety of a penal law, mischief of delinquency /offence/. 2. Next comes the mischief of the punishment. The sort of offence in question being for want of the requisite notice committed by the individual in question or in the community in question in a certain number of instances, comes an instance, in which being detected is a suspected of the offence a delinquent comes to be prosecuted and punished /the punishment denounced by the law inflicted on him/. Second lot of mischief flowing from the non-notoriety of a penal law mischief of the punishment. In this case, merely for want of notoriety, the law in virtue of which he is punished, this law however useful and even necessary in other respects, is in the instance of every individual on whose head it brings down punishment, stained by the mischief and injustice of an ex-post-facto law.
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Title: [2 April 1804 Evidence Forthcomingness]Description: 2 April 1804 Evidence Forthcomingness Ch.4. Misprision extent conceivable Ch. 4. Means continued - Obligation, of informing without previous summons. §.4. Compulsion by pre-established obligation: viz: obligation of furnishing evidence spontaneously, i.e. without summons to that effect. §.1. Conceivable extent of the obligation. One way of obtaining discovery of evidence, is by means of a pre-established law of general obligation, obliging persons in general, or persons of particular descriptions, to give information, to take the local Judge /Judge ad hoc/, or other official person appointed for the purpose, of matters of fact of the description in question - capable of serving as evidence in the species of cause in question, and this without waiting for any address general or special, specifying the particular purpose - i.e. the particular /individual/ cause or suit for which such information is required. A law or obligation of this sort /By a law to this effect/ a class of negative offences would be created, the ramifications of which would be capable of being extended over every division of the substantive law non-penal branch as well as penal included. It is in its application to the penal branch that the nature of such an obligation will be most readily and clearly apprehended. In a former work mention has been made of the class of offences termed negative offences: a class so /capable of/ compleatly pervading the whole system of penal law, that for every different species of positive offence, a correspondent species of negative offence might be incurred: the positive offence consisting as the production of the sort of mischief in question; the negative in the seeing it about to take place, without using any endeavours to prevent it. A negative offence of this class might be termed one species of Non-prevention. Parallel to and co-extensive with that division of negative offences, may be added the other division here in question. An offence belonging to this division consists in the not giving /forbearing to give/ information of or concerning all /any/ offence belonging to the list of positive offences. It may be termed an offence of Non-delation. But in like manner a basis for a correspondent modification of the offence of non-delation may be afforded by each [...?] of the negative offence of non-prevention.
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