JB/016/049/001

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26. March 1826
Penal Code

Ch III Challenging Offenses - Person & Rep
§. 3. Challenging

Existing System
Inefficiency causes
1 Death the punishment.

2 Mutual security
finding

2. What comes nearer the mark,
an occurrence by no means rare is this. A
challenge having been given and accepted,
some third person for prevention of the
mischief makes the application to the judicatory,
whereupon the judicatory instead
of summoning and hearing the wrongdoer
alone, as in the case just mentioned, does
the like by both parties, and compels each
of them to enter into the like engagement.
On the part of the preventive remedy inefficiency
is in this case, if at all scarcely
more frequently exemplified than in the
first mentioned case. But such is the
effect of a remedy penalty of a nature
thus gentle in comparison
of the at-present denounced penalty, to with
death: Such is its efficiency even when
unsupported by the additional remedies herein provided.
Of this difference so remarkable an anomaly what can be
the reason efficient cause? The case is this. The law
which appoints death, gives, as it were,
a bounty for disobedience to itself. The penalty
which it denounces against the offence is the very sort of penalty
a man's insensibility to which, and the consequent insufficiency of the penalty
has been demonstrated by the offence

Identifier: | JB/016/049/001 "JB/" can not be assigned to a declared number type with value 16.
Date_1	1826-03-26	Marginal Summary Numbering	not numbered
Box	016	Main Headings	penal code
Folio number	049	Info in main headings field	penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	john neal	Watermarks
Marginals	george bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	5856
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