单词 | the power of imperation |
释义 | > as lemmasthe power of imperation 2. In Jeremy Bentham's terminology: the exercising of command by a sovereign or other authority, as effected by ensuring obedience through the fear of punishment. Chiefly in the power of imperation.Contrasted with contrectation, or the regulation and implementation of the punishment. ΚΠ 1782 J. Bentham Let. 3 June in Corr. (2017) III. 124 This being the branch [sc. the penal branch of law] in which those characters of imperation which are essential to everything that bears the name of law were most distinct. a1832 J. Bentham Princ. Internat. Law in Wks. (1839) VIII. ii. 540/1 What is dominion? It is either the power of contrectation, or else that of imperation... But the power of contrectation is a sort of power which, in a settled government, it scarcely ever becomes either necessary or agreeable to the sovereign, as such, to exercise; so that under the head of the power of imperation is comprised all the power which the sovereign is accustomed to exercise. 1945 Jrnl. Philos. 42 614 Bentham presents succinctly the two ideas: law has a predictive character that is co-equal to that of ‘imperation’, and law as a mere declaration is meaningless and without force unless and until it gets some further instrument, some further concretion. 1996 Oxf. Jrnl. Legal Stud. 16 139 The power (of imperation) to issue an injunction requiring a violent husband or cohabitee to exercise his will not to molest his partner will be ineffective unless accompanied by powers (of contrectation) of arrest and of imprisonment upon his body for breach of the injunction. < as lemmas |
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