JB/016/121/001

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1827. Octr. 19
Law Amendment.Propositions
§. 4. Codification Ch. III Remedies
Homicide §. 3. Efficiency provid.

Where pecuniary punishment was though bearing no large proportion to pecuniary
fortune is regarded as the sure result constant experience
shows that challenging is rendered fruitless, duelling with
its homicidal consequence prevented. If pecuniary loss, to
the profit of the relative of the deceased if any, if not if the revenue
was made the consequence duelling itself the
would be prevented: of the like loss, together with presence
banishment from the presence of the party challenged, with or without those
additions to an indefinite extent of which has just been
given were attached to every act intended to have the effect of
a challenge, this attempt at homicide would be arrested and
consummately prevented. If the intent be denied and the denial is believed, no shame remains
on the honour of the party challenged: if disbelieved, and in
so far as disbelieved, the shame of mendacity forces itself upon the
challenger.

Challenging has is capable of having its source in a great variety of motives, all
which require to be and to have been carefully looked out for and distinguished
because according to from by the motive in conjunction with external circumstances
the mischievousness of the offence receives
in no small a scale. Among these is that of self-defence
against wrong in a variety of shapes against which by the
existing system no real nothing better than a nominal defence of security is afforded: nor
otherwise than by a judiciary sys establishment and procedure
such as the here proposed one having for its ends the giving execution and effect to the rest of the
law can be afforded. Under such a system So far as regards challenging for the
cause, the composed remedy which would be applied would act with a
double effect in two ways at once: by punishing the offence,
and by leaving it without a motive for the commission
of it.

Identifier: | JB/016/121/001 "JB/" can not be assigned to a declared number type with value 16.
Date_1	1827-10-19	Marginal Summary Numbering	5-6
Box	016	Main Headings	law amendment
Folio number	121	Info in main headings field	law amendment
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	brocklesby & morbey 1827
Marginals	george bentham	Paper Producer	edmund henry barker
Corrections		Paper Produced in Year	1827
Notes public		ID Number	5928
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