23 June 1805

Evidence

Introd

Ch. Non-Notoriety

''.2. General Mischiefs

'' 2. General Mischiefs of Non-Notoriety on the part of the Law

On a general and undistinguishing view of the subject the following observation present themselves

1. A law can neither do good nor learn[?] any further than as it is known: since it is only in so far as it is known that human conduct can be influenced by it.

2. Taking in its totality the existing mass of law, excepting that character in any country, the preponderance of the good effects of it over the bad is a supposition the truth of which can not consistently or rationally be denied by any body. For of the bad preponderants, those in that country the condition of the inhabitants would be so much the better if there were nothing or no laws at all: that is, if there were none of that security for person, property, requisition, condition in life, and life itself which being created and conferred by law depends upon its existence.

3. Therefore, taking it in its totality, it is better that it should be known than unknown, known to every body than unknown to every body or to any body, and that at all times.

4. Therefore, each and every law, considered merely as being a law, and antecedently to any inquiry relative to its special tendency, must be considered as possessing primä facie a beneficial tendency, and consequently as being of such a nature, that the consequence of its failing in in any degree and respect of notoriety can not but be pernicious