hat says, "thou shalt not steal," implies a
declaration that stealing is a crime. And we have seen that, in things
naturally indifferent, the very essence of right and wrong depends
upon the direction of the laws to do or to omit it.
THE _remedial_ part of a law is so necessary a consequence of the
former two, that laws must be very vague and imperfect without it. For
in vain would rights be declared, in vain directed to be observed, if
there were no method of recovering and asserting those rights, when
wrongfully withheld or invaded. This is what we mean properly, when we
speak of the protection of the law. When, for instance, the
_declaratory_ part of the law has said "that the field or inheritance,
which belonged to Titius's father, is vested by his death in Titius;"
and the _directory_ part has "forbidden any one to enter on another's
property without the leave of the owner;" if Gaius after this will
presume to take possession of the land, the _remedial_ part of the law
will then interpose it's office; will make Gaius restore the
possession to Titius, and also pay him damages for the invasion.
WITH regard to the _sanction_ of laws, or the evil that may attend the
breach of public duties; it is observed, that human legislators have
for the most part chosen to make the sanction of their laws rather
_vindicatory_ than _remuneratory_, or to consist rather in
punishments, than in actual particular rewards. Because, in the first
place, the quiet enjoyment and protection of all our civil rights and
liberties, which are the sure and general consequence of obedience to
the municipal law, are in themselves the best and most valuable of all
rewards. Because also, were the exercise of every virtue to be
enforced by the proposal of particular rewards, it were impossible for
any state to furnish stock enough for so profuse a bounty. And
farther, because the dread of evil is a much more forcible principle
of human actions than the prospect of good[i]. For which reasons,
though a prudent bestowing of rewards is sometimes of exquisite use,
yet we find that those civil laws, which enforce and enjoin our duty,
do seldom, if ever, propose any privilege or gift to such as obey the
law; but do constantly come armed with a penalty denounced against
transgressors, either expressly defining the nature and quantity of
the punishment, or else leaving it to the discretion of the judges,
and those who are entrusted with the care of putting t
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