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1825 Sept. 5
Penal Code
Ch III. Offences affecting Person. Rep.
§. 3. Challenging.
Efficiency of this plan.
1.
Efficiency of the means
of repression
1. as to wd be challenger
2. as to challengee.
☞ Postpone this topic till the conclusion of the whole!
§. Efficiency of the means of repression here
employed.
1. Efficiency in the case of him who would
otherwise have been challenger.
2. Efficiency in the case of the challengee.
Efficiency in the case of him who would otherwise
have been challenger.
2.
1. as to would be challenger.
Efficiency in the case
of every class of challenger.
To be compleatly efficient, the means in question
must be so in the case of every such challenger
of the several classes—descriptions sorts herein above brought to view:
as against every one of the motives by which such
evil conduct can be prompted in every one of the
situations or occasions by which those several sorts of motives
are capable of being brought into action. So accordingly
it will be seen to be in proportion as those
several motives and situations occasionsare brought to view.
To render this exhibition complete, the Tabular view of these motives must be looked at and exhausted.
3.
Efficiency of fines
imposed 1. on challenge.
2. on acceptance. 3. on
compensation for
suffering to adversaries'
relatives.
1st. In an ordinary case, the fine attached
to the act of uttering the challenge, with a prospect
of a much heavier fine in case of acceptance
and consequent conflict, and the still heavier
pecuniary suffering in the shape of compensation
money to relatives in the event of the death of the challengee,
will suffice of course to the production of this
effect. The challengee being at the same time
subjected to correspondent punishment in case
of acceptance, and each party, in case of insult
offered by him to the other, subjected to such humiliatory
punishment as will afford satisfaction
in an honorary shape to the party aggrieved, and
that without any such wish as is attached to the
case of actual conflict—none of the motives
by
Identifier: | JB/016/027/001 "JB/" can not be assigned to a declared number type with value 16.
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[[notes_public::"postpone this topic till the conclusion of the whole?" [note in bentham's hand]]] |
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