6 Aug 1804

Procedure

Ch. non homologation

''.3.2. Import uncertain

What is there of the nature of law (lex) in all this? - nothing. What is there that in the way of jurisprudential law (jus) can answer the purpose of such a law? Nothing; but as little, unless it be the general idea which a bystander if such an one there happens to be, or seen one who has heard of in all its circumstances the individual transaction, may have made for himself - extracted and abstracted out of the idea so obtained of its[?] individual transaction for his own use.

Thus it is that what words are in statutory law, these or the equivalent are in jurisprudential. As often as a man is found to have committed an individual act which in the mind of the man in power (say here the Judge) answers to the general idea expressed by words constituting the denomination of a species of conduct which men are prepared it is supposed to be treated upon the footing of an offence (viz: by punishment with or without the burthen of satisfaction attached to the commission of it) he is either put to death, or whipped or beaten, or consigned[?] to prison or made to lose a part or the whole of his property, or in a word punished or otherwise burthened and made to suffer in some other manner as the case may be. Other men observing, if the opportunity of observing /observation/ happens to come across them - observing each for himself in what cases a man has been dealt with, learn perhaps to expect, and to apprehend each for himself that in the event of his venturing to act in like /sort/ manner, he may come to suffer in like /sort/ manner.

Note

In punishment thus sentenced, the same offender, if he be left alone, the same offender recollecting what has happened to him and the case in which it has happened to him learns to apprehend that on any future /subsequent/ occasion, any future /subsequent/ act of the same sort will be followed in his instance by punishment of the same sort, if not worse.