[clx. 197]

1821 April 19

First Lines

Distributive Law

In the penning of arrangements which present themselves in the shape of arrangements of Civil or Distributive, never should the Legislator let slip out of his mind, the effects they are capable of producing in the respective fields of three other branches of Law, the remuneratory branch, the penal branch and the Constitutional branch /viz the remuneratory, the penal and the Constitutional/.

Render the receipt of a benefit, conditional you convert it into a reward.

Render the receipt of a burthen, conditional, you convert it into a punishment.

Lodge in a succession of hands in large masses of a certain magnitude, the matter of which benefits are made, to be distributed /allotted to/ among, such as shall perform or undertake to perform certain acts - give to this arrangement a certain degree of permanence, you esablish a foundation, - you found an institution. Foundation is Legislation.

According to certain opinions of the whole number of the individuals, belonging past present and to come, belonging to the human species, a majority, or some other very large proportion, are, on the termination of the present life, consigned to a state of torment exceeding, in an infinite ratio, as well in intensity as in duration, the most affective that, in this life, has ever been experienced or can be conceived. According to these same opinions, there exists a certain class of persons so gifted that, by certain acts performable by any one of them in favour of any individual chosen by them /him/ for that purpose, either the probability diminution may be effected /applied/ either in /altogether to/ the probability of his being subjected to such torment, or at any rate to the duration of it. Set an exemption to this effect be supposed obtainable, the greatest mass of the matter of wealth that ever was possessed, or ever could be possessed, by any man would, in the character of a reward for the service by which this exemption or rather this chance of exemption was afforded, be as far from being equal in value to the service thus obtained as the value of the smallest denomination of coin would be to the value of the richest treasure ever accumulated within the compass of one and the same receptacle.

Let
Similar Items
  • Title: [1821. April 9. First Lines]
    Description: 1821. April 9.

    First Lines

    Financial Law

    S. Financial law — Law belonging to the Department of Finance —Revenue Law.

    Financial law has, for its elementary part, portions detached from the several other branches of law.

    By the Contributions which it opposed, correspondence burthens to that amount are distributed among the several contributors: contemplated considered in this point of view, the matter of the law of finance belongs to the distributive called the civil branch of law.

    Penalties are attached to the conduct of all such persons whose endeavours are in any way applied in weakening the efficiency of these impositions: contemplated in this point of view, the matter of the law of finance belongs to the penal branch of law.

    It is by the authority of certain persons invested with corresponding powers, that these contributions are imposed: the determination who these persons shall be— in what way they shall become invested with these powers—belongs to the Constitutional branch of Law.

    Thus much as to receipt: after receipt, or in contemplation of receipt, comes expenditure.

    In whatsoever shape money or money's worth passes out of the hands of those at whose command it is, if it be not disposed of in absolute waste, it operates in the character of matter of reward: contemplated in this point of view, the matter of financial law belongs to the remuneratory branch of law.
  • Title: [29 March 1804 Evidence Forthcomingness]
    Description: 29 March 1804

    Evidence

    Forthcomingness

    Ch. Means

    4. Remuneratory

    6. A capital disadvantage attending the use /employment/ of the matter of reward as a means of obtaining the discovery of a source of evidence, is confined to the higher class of penal causes suits, and to the case in which the person whose evidence is sought for, stands with reference to the delinquency and the delinquent aimed at in its relation of an accomplice, exposed to the same punishment. In this case a reward has no value, unless exemption from the punishment be annexed /attached/ to it. What is the consequence? That to rid society of one malefactor, you saddle it with another. Under this system delinquency in each professional branch of it, depredation for example, and smuggling is found only, never extirpated. Fox hunters, amidst their eagerness in pursuit of their species of game /the individual fox/, never loose sight of the necessity of keeping the breed in preservation /care due to the preservation of the breed/. In certain counties the policy /course taken/ by the legislator in the pursuit of his game, is the same as that taken by the foxhunter in the pursuit of his, howsoever opposite may be the wish.

    In England this species /sort/ of half-destruction /extirpation/, half-preservation policy is in every days practice. On the Continent of Europe, go where you will find it extremely rare. This mischievous policy /practice/ is connected with rule of law the exclusion of self-inculpative evidence, and originates in the same /pernicious/ prejudice /most baneful and prolific source/ Refusing so much as to ask for information of the malefactor whom they have in their power, men are obliged to bid for it, and bid for it thus high, and yet very often ineffectually, at the hands of the malefactor who is out of their reach.
  • Title: [[xxxvi. 17] 1821. April 9.]
    Description: [xxxvi. 17]

    1821. April 9.

    First Lines

    Financial Law.

    \PS\ Financial law - law belonging to the Department of Finance - Revenue Law.

    Financial law has, for its elementary part, portions detached from the several other branches of law.

    From the civil branch of law By the Contributions which it opposes, burthens /correspondent/ to that amount are distributed among the several contributors: considered /contemplated/ in this point of view, the matter of the law of finance belongs to the distributive called the civil branch of law.

    Penalties are attached to the conduct of all such persons whose endeavours are in any way applied in weakening the efficiency of these impositions: contemplated in this point of view, the matter of the law of finance belongs to the penal branch of law.

    It is by the authority of certain persons invested with corresponding powers, that these contributions are imposed: the determination who these persons shall be - in what way they shall become invested with these powers - belongs to the Constitutional branch of Law.

    Thus much as to receipt: after receipt, or in contemplation of receipt, comes expenditure.

    In whatsoever shape money or money's worth passes out of the hands of those at whose command it is, if it be not disposed of in absolute waste, it operates in the character of matter of reward: contemplated in this point of view, the matter of financial law belongs to the remuneratory branch of law.