JB_082_332.xml

Title: [10 May 1808 Note I. Reasons]

Description: 10 May 1808

Note

I. Reasons

Ch.1.

§.2.

Ablative incidents

In the framing of the respective lists of influencing circumstances as above, much will depend upon the structure and usage of the particular language employed.

1. In English several wrongs will be found that admitt of no justification: but this peculiarity is the result not of the nature of the case, but of the nature of the language. Thus Murder will admitt of no justification: - why? because the non-existence of every circumstance to which that effect is by law allowed is included in the import of the term - in what Locke would have called the nominal essence of the offence.

In this case are several others in the technically legal part of the English language: for example Larceny, and Rape.

2. Whether the term extenuation or the term aggravation be employed will depend again upon the nature of the language.

Thus in case of homicide. If murder be taken for the simple, the principal, the standard offence, the circumstances that reduce it to manslaughter will come in, in the character of extenuations: if manslaughter be taken for the standard offence, circumstances that raise it to the rank of murder will come in in the character of aggravations.

In one language a wrong shall be raised into an offence of a different denomination by a circumstance of aggravation which in another language shall not be productive of that effect. In England where the author of the death is servant or wife of whose death he or she is considered as contributing, the offence is raised from the denomination of Murder to that of Petty treason, and the punishment accordingly receives what is regarded as an enhancement. In Roman law as in Roman language no such effect by either of these circumstances.

On the contrary, where the author of the death stood in the relation of son or daughter to him to whose death he or she is considered as contributing the offence is raised from the denomination of homicide to that of parricide a change of denomination, a correspondent change in the punishment was engrafted. Parricide from the Roman imported into the English language, have not been admitted into the language of English law.

JB_102_432.xml

Title: [24 Aug. 1813 Logic Ch. Language]

Description: 24 Aug. 1813

Logic

Ch. Language Grammar

Conjugates

2

In some instances the accessory term is found attached to the principal, forming but one word with it, in others not, hence the distinction, - accessory words attached - accessory words detached; conjugates in the attached form - conjugates in the detached form.

Where the accessory word is attached, in some instances it precedes the principal word, in others it follows it. Hence the distinction - accessories prefixed, or in the way of prefixion; accessories suffixed; or where the word accessory is understood to be in question, leaving out that word, one may say for shortness prefixes and suffixes.

Accessories which in one language are attached, are in another part of the same language not attached.

In this respect, taken in the group /aggregate/ infinite are the diversities which language brings to view.

138

JB_038_309_001.xml

Title: [1826. May 20. Constitutional Code]

Description: 1826. May 20.

Constitutional Code

Ch. IX. Ministers Collectively.

S.6. Statistic Function.

or 7

Art... or 7. II Subject matter or source of loss, a thing moveable

modes of loss. Examples 1. Non application 2. Application

uneconomical 3. Deterioration or destruction spontaneous for want

of appropriate custody. 4. Deterioration by positive human

agency. 5. Deterioration for want of reparation. 5.

Miscalculation: strange in a place not conveniently accessible:

whence less of labour employed in excess. In case of articles not

applicable but by consumption, as food, fuel &.c 6.

Consumption useless 7. Consumption excessive 8. Consumption

uneconomical. 9. Lease gratuitous. 10. Lease, at under price. 11.

Lease to a borrower by whom it is deteriorated. 12. Lease to a

non-solvent borrower. 13. Lease to a borrower by whom it is not

returned. 14. Elimination by accident, without blame to the

custodial functionary.

or 7 contin d.

15. Elimination through negligence or rashness on the part of the

custodial functionary. 16. Embezzlement by the custodial

functionary. 17. Theft, by another person, functionary or non

functionary. 18 Fraudulent obtainment by d o. 19. Peculation: from less in any one of the above or

other forms, or profit derived by a direction or custodient

functionary.

or 8.

Art... or 8. Efficient causes and modes of spontaneous

deterioration. Examples: 1.Evaporation 2. Exsiccation 3.

4. Induration. 5. Emacliction 6. Fermentation,

saccharineacetous, or putrefaction. 7. Discoloration.

or 9.

Art... or 9. Efficient causes or modes of spontaneous destruction.

Examples 1. Subject matters vegetable in a natural state in large

masses. Efficient cause, contribution in consequence of

fermentation. 2. Subject matter vegetable in a manufactured state

sails on cordage heaped together in a humid state, with an

contiguity to matter efficient cause, combustion as

above.

or 9 contin d.

3. Subject matter mineral with vegetable in a manufactured state,

gunpowder. Efficient cause of destruction, by explosion, in wind

as glass a bubble having the effect of a lens.

or 10.

Art... or 10. Subject matters, considered in respect of their degrees

of natural durability, independently of their application to

use. Examples Articles of greatest durability. 1. Precious

stones crystalized. 2. Stones ( of Earths) in general. 3.

Metals in general. 4. Shells of shell fish, my naturalist ranked

under the name of 5. Bones and horns

of animals. 6. Alcohol... bodies, and other products of

chemical analysis if kept from evaporation and communication with

the atmosphere. II. Articles of least natural durability: tho'

for a greater or lesser length of time preservable by the art. 1.

Flesh of animals 2. Herbaceous parts of vegetables. III Articles

of intermediate degrees of natural durability. Examples. 1. Wood

of ligneous plants 2. Seeds of plants as wheat & other grain.

3. Roots, tuberous and bulbous. Art.11