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1822 Aug. 17
Constitut. Code
So, malefactors
To this same denomination – viz. bringing the less principal individual
interest into accordance with the more principal universal interest is referable
whatsoever in private trusts is done in the view of securing
probity on the part of trustees.
So likewise whatsoever is done for the purpose of minimizing
the evil produced by the misdeeds of those against
whom under the general denomination of malefactors or say
criminals the force of penal law punishment under the
name of punishment is applied by that branch of the
aggregate mass of law which is distinguished by the name
of penal law. Where Were it not for the punishment, the particular
and sinister interest correspondent to and created by the appetite
whatsoever it be in which the misdeed had its source, would stand
unopposed, and produce action accident opposite in the way in question
to the universal interest. Comes the legislator with his punishment penal law
punishment being attached to the misdeed, the sinister interest
interest finds itself thereupon encountered and opposed by another
interest, operating in a direction favourable or at least supposed to be
favourable to the universal interest – to the rig universally
right and proper interest. If, at the of , in the eyes of the individual in question in all dimensions or elements of value
taken together – namely intensity, duration, propinquity, certainty, purity
and fecundity the value of the mass of looked for pleasure or what is equivalent security against pain which
constitutes the temptation, is greater than the value of the punishment opposed to
it, by the penal sanction added to the force of the other sanctions, the misdeed is committed
notwithstanding if not so great the particular and sinister interest, is of overpowered and rendered inefficient by the united force of the sanctions, and conduct is determined by that⊞ ⊞ interest which is in accordance
with the universal interest, as above.
Identifier: | JB/034/102/001 "JB/" can not be assigned to a declared number type with value 34.
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1822-08-17 |
21-22 |
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034 |
constitutional code |
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102 |
constitut. code |
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001 |
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b10 / e10 |
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jeremy bentham |
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