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 & burthens.

Burthens it may attribute & distribute or impose without distributing, or conferring benefit, in any shape: benefit in any shape it cannot confer without at the sometimes imposing a burthen, in a correspondent shape either on the individual benefitted or intended to be benefitted, or on some other or others: most commonly even on all others with little or no exception.

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

Of the inducements thus employed some will be of a disagreeable matter & thus come under the nothing of burthens: others of an agreeable matter; & thus come under the motion 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 distributative 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 names 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 the of remuneratory or remunerative branch of law