JB/004/432/002

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1830 Nov. 22
J.B. to France against Death

(1)

☞ 23 Nov. 1830. Quere whether to employ the matter of these
6 pages? If yes they must be written over again
from the marginals, consisting only upon occasion, the
text.

A man of the higher order neither picks
pockets nor steals from shops, nor commits robbery
on the highway on foot or horseback, nor by breaking
into houses by night or day or night: accordingly for depredation
in all those modes death punishment is proscribed, and
applied it being the mode, and the only mode of depredation
to the lower orders. The only mode of depredation excepted one class alone which be open which be open to the lower
orders. This class is
composed of those in
which fraud is the
instrument: fraud that
is to say any act
having for its object
the production of deception
for the purpose
of obtaining money
or money's worth.
Of this genus, one
species is forgery,
another swindle
in clear language
termed swindling.
To Forgery, though
the higher orders as
well as the lower be
exposed to the temptation
of committing
it, death punishment
has been and is applied to it notwithstanding.
This one is the obtainment of property on false pretences
which where fraud is the instrument, that the
higher orders are exposed to the temptation of committing
a forgery. But this being a crime by which legislators are so much
exposed to suffer by it, and the highest of the higher
orders – namely legislators – not being exposed to
the temptation of committing it, hence it is that
death punishment has been and continues to be
applied to it; exposure to that same temptation in
the instance of the higher orders taken in the aggregate
notwithstanding. Of the higher orders thus it
is that men in general regard themselves as not exposed
– the lower orders alone as exposed to double
punishment

or 2
Sole offences in part
common to lower and
higher orders those wishing
by deception; viz. fraud
forgery and different
swindling.

or 3
1. Forgery, though delay punish,
with death: because, though common
to higher and lower orders, it is so
to higher orders, and the
highest, namely legislators,
exposed to the temptation of committing
it.

Identifier: | JB/004/432/002 "JB/" can not be assigned to a declared number type with value 4.
Date_1	1831-10-22	Marginal Summary Numbering	23
Box	004	Main Headings	lord brougham displayed
Folio number	432	Info in main headings field	bankruptcy court bill observations
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	street & co 1830
Marginals	george bentham	Paper Producer	antonio alcala galiano
Corrections		Paper Produced in Year	1830
Notes public		ID Number	2353
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