★ 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
1831 Sept 19 Const. Code.
17
2. Cause in Case 2- Legislative
perspicuity.
By Substantive law
an act being prohibited,
by Adjective prosecution
is interdicted to all but
the Government Advocate,
subject in a Monarchy
to the Monarch, in this
Constitution, to Prime
Minister.
p>Cause here, regard
for people's amity, as above.</p>
18.
Hence, supposing greatest happiness the end,
Legislator's opinion is
that by attaching punishment
to the acts in question:
happiness would be
diminished: yet by being
seen to take it off,
ill-will would be produced
involving an
evil which by an unobserved
course might
be excluded.
19
Here the supposition
is that by punishment
attached to the acts in question,
happiness
would be diminished.
Yet in the promulgation
of a new Code
were no punishment
attached to them, dissatisfaction
would be
produced, pregnant
with more evil than
will be produced by
the punishment, added
to the consequent restraint.
---page break---
20
What then to do here?
Answer- Apply to the
obnoxious act the least
punishment the people
will to see; but
appoint for sole prosecutor
the Government
Advocate General.
21
To evils supposed to
flow from expression
given to bad
opinions punishment
has by almost
all legislators been
attached. To inquire
into the reaction
between this alleged
cause and the happiness
of the community
belongs not to
this purpose. Only
for aid to conception
is it held up to view.
22.
To this purpose belongs
the observation that
supposing this policy
advisable, the Government
Advocate
under Prime Ministers'
orders is the functionary
for carrying it
into effect.
22(a)
Other means the Procedure
Code affords
for frustrating
antisocial and maleficent
antipathy to
the people: for example,
requisition of
extra-evidence. See
Procedure Code.
---page break---
23.
Cause in Case 3- Judicial
functionary's sinister
interest. Evil produced
particularly in England
such as will astonish
succeeding generations.
Void the word by pro-
nunciation of which the
effect is produced.
Pretext there must
be: but none can be
too frivolous.
In the copy of a
written instrument
a letter which ought
to be inserted, not
ought not to
inserted.
On this ground without
regard to manner
and guilt for crime
the most maleficent and
atrocious a criminial
of whose guilt no
doubt has place
anywhere, revives
impunity and is said
to commit
crime after crime
24
Now as to corruption.
Scribe by whom the
documents are written
and the impunity
conferrible, a lowest-paid
journeyman on
whom a bribe will
act with greatest
force
|
Identifier: | JB/041/445/001 "JB/" can not be assigned to a declared number type with value 41.
|
|||
|---|---|---|---|
|
1831-09-19 |
17-22, 22a, 23-24 |
||
|
041 |
Constitutional Code |
||
|
445 |
Const. Code |
||
|
001 |
|||
|
Marginal summary sheet |
1 |
||
|
"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.
|
E3 |
||
|
J WHATMAN TURKEY MILL 1829 |
|||
|
Jonathan Blenman |
|||
|
1829 |
|||
|
001 |
|||