JB/016/015/001

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1825. Augt. 23d
Penal Code

Ch. III. Offences – Person & Rep.
§ 3. Challenging

In the first case namely that in which challenge
operates as a substitute to assassination, namely in the
production of corporal harm with a lethiferous intent, the
offset of it is rather comparative good than evil, & if this
sort of invitation had never any other motive or occasion, encouragement
rather than repression would be the application
proper to be employed, always understood that but for the
challenge assassination would be employed. But assassination
has other repressives much less expensive and of such
strength as not to stand in need of it: witness the force of
the lengthier legal sanction especially in so far as rightly
directed, and that of the moral sanction & any tolerable
degree of civilization, which never fails in these cases to be
rightly directed.

Moreover, if in this case encouraged or tolerated, are encouragement
or toleration could not fail to extend itself
to those other cases in which the result is pure unmixed
evil and in enormous quantity.

By the imperfect state of the laws in every country
and by the ill directed turn which the force of the moral
sanction as applied by the Public Opinion Tribunal has in
consequence of that imperfection taken in every country, a
wrong-doer beholds in this imperfection of the Law & its legal
tribunals and in this error of the moral sanction & its
Public Opinion Tribunal a means of perpetrating wrong to a
prodigious

Identifier: | JB/016/015/001 "JB/" can not be assigned to a declared number type with value 16.
Date_1	1825-08-23	Marginal Summary Numbering	9-11
Box	016	Main Headings	penal code
Folio number	015	Info in main headings field	penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e9
Penner	richard doane	Watermarks	j whatman turkey mill 1824
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	5822
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