★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
1823. Octr. 19
Constitutional Code. I. Enactive PartCh. Quasi Jury
§. Field of action
If for as a means of rectitude of decision the discovery of appropriate
truth be useful and desirable in any one case so it is in every
other: if then investigational procedure is useful and desirable
in every any one case so is it in every other: and if by
inquisitorial procedure be understood investigational procedure
commencing in penal cases with the testimony of the party accused or suspected
there is nothing in inquisitorial procedure in such that is not
repugnant to justice nothing that is not favorable and even
to it: these are 1. torture applied to the purpose of compelling
a person to ac testify that on a certain occasion he
performed a certain act that not being of the number of those
which have been made punishable; and interrogation employed
to engage induce a man to perf make profession of a certain
opinion such profession being having by real law or established
by judicial practice been treated on the footing of a punishable
act and punished for accordingly: the first case pain
prodigiously intense and at the same time needless and useless
is produced; in the other case that an act treated by
the on the footing of a criminal act, and as such punished
with intense punishment is created: created by and brought into existence: and thus by the
very persons by who whom by whom it is so brought into
existence, and when brought into existence punished, the crime
such as it is for it is always in every case it has been an
act perfectly innoxious – this crime such as it is they first
themselves produce willingly and anxiously produce, and when produced, they punish for it: they
punish for it not themselves then by who on whose part the production
of it have been voluntary and the result of anxious endeavour,
but a person on whose part the production of it has been
attended with reluctance: in every case intense reluctance:
are by whom unless then forced to it the act would not have
been performed the so stiled crime would not have been committed.
Identifier: | JB/034/188/001 "JB/" can not be assigned to a declared number type with value 34.
|
|||
---|---|---|---|
1823-10-19 |
|||
034 |
constitutional code |
||
188 |
constitutional code |
||
001 |
|||
text sheet |
1 |
||
recto |
c3 |
||
jeremy bentham |
j whatman turkey mill 1822 |
||
admiral pavel chichagov |
|||
1822 |
|||
10462 |
|||