JB/016/007/001

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1825 Aug. 23 + Penal Code

Ch IIII Offences —

Ch. § 6 Homicide

S. Means of repression satisfactional and punitional.

1.
Cause of evil results
the state of the laws

Of all the evils which grow out of challenging, together
with much of that which results from homicide in several
of its other shapes, the cause may be seen, in the state of the
Laws: to with, those of the substantive branch & those of the
adjective branch, those of Procedure.

2.
As to substantive branch
want of appropriate
means of repression

1. As to the substantive branch of the Law. Here the
imperfection consists in the want of appropriate means
of repression. These means will be indicated partly by the
situation of the challenger, partly by that of the challengee.

Quere?

3.
Satisfaction withheld
altogether

In this case in which injury is maximized, the law instead
of maximizing satisfaction withholds it altogether.
Incapacitated from Incapable of receiving satisfaction is the party slain, (that
is to say in his own person, and by profit in a self regarding
shape) but it is in the case of this person, that perhaps
the least part of the injury is sustained: remain those
whom he has left behind,commencing at the nearest closest forms
of connection, such as wife and children and going on, to all
those others in which the connection is less and less certain
and close. In the case of the vindictive homicide or challenger, prospect of burthen of satisfaction in this shape would be even
more repressive, than even burthen of punishment in the
same shape and to the same amount : rather would he see the
money paid into the Treasury, or cast into the sea, than employed
in administering relief to those who wereare dear to the object.of of his hatred & thereby
by anticipation to
that person himself

Identifier: | JB/016/007/001 "JB/" can not be assigned to a declared number type with value 16.
Date_1	1825-08-23	Marginal Summary Numbering	1-3
Box	016	Main Headings	penal code
Folio number	007	Info in main headings field	penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e11
Penner	richard doane	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	5814
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