JB/016/034/001

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1825 Sept m. 5 Penal Code

1
Existing system inadequacy
for repression
as to substantive and
adjective law

Ch III Offences-Person+Reputa.
§ 3. Challenging

S. Inadequacy of the present order of things
as ex under English Laws.

For the indication of the circumstances by
which the arrangements actually established have
been rendered in so high so degree as they will be
seen to be ill adapted to the ends professed to be
pursued, he we must in the first place have recourse
to the broad all-pervading distinction between the substantive
and the adjective branches of the system
of law: and in regard to each, incidentally, between
those parts which are in the state of really existing
that is to say statute in Legislature made
Law, and those which are in the state of imaginary.
That is to say Judge made even questionable common by called common law.

2
As to substantive law
MotiveRepressive
motive,
next to none

1 st As to substantive Law. Motives for
abstaining from homicide manslaughter in a case where
the forms of consent, on the part of the slayee
have been obtained, next to none. The option
between the punishment of death and the punishment,
the maximum of which is comparatively
inconsiderable, being left to ephemeral.
Tribunal called a Jury, in whose instance
arbitrary conduct, in violation of the oaths of
all of them, is under the cruel necessity produced
by the incongruity of the laws, encouraged
supported even by the friends of good government,
as the only palliative remedy that can be applied
to the arbitrary, - irresponsible otherwise
uncontronlable power of the members of the aristocracy
and creatures of the monarchy
in the situation of Judges.

Identifier: | JB/016/034/001 "JB/" can not be assigned to a declared number type with value 16.
Date_1	1825-09-05	Marginal Summary Numbering	1-2
Box	016	Main Headings	penal code
Folio number	034	Info in main headings field	penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c7
Penner	john flowerdew colls	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	5841
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