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 and burthens.

It may Burthens /it may/ distribute /attribute/ or impose without distributing /attributing/ or conferring benefit, in any shape: benefit in any shape that /is/ cannot confer without at the same time imposing burthen, in a correspondent shape either on the individual benefited or intended to be benefited, or on some other or others: most commonly on some other or others: most commonly even on all others with little or no exception.

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

Of the inducements thus employed some will be of as disagreable nature and thus come under the notion of burthens: others of an agreable nature; and thus come under the notion 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 distributive 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 name of remuneratory or remunerative branch of Law