JB/041/487/001

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1831 Sept. 15
Constitutional CodeCh. XXV. Justice Minister
§. 5. Dispunitive function
(1)

Instructional

Art. 15. There are Thus several modes there are, in
which, in an indirect and unobserved way, impunity
may be, and in practice marked out for and avowal
as given to acts, placed by the direct declaration of
the law in the catalogue of offences. In two of
these instances the hand authority by which the effect is produced
is that of the legislator: the legislative; in the other third, it is
the Judiciary. In the two first, cases the relative time to at which
the remission has applies itself, is anterior to prosecution: the remission is –
in a word anti-prosecutional:
in the third
case it is post-prosecutional; and commonly
post-convictional: the
effect, in some cases, is
totally completely remissive; in
others, only suspensive
no other than suspensive.

Art. 16. 1. In one of these cases the effect As to its cause, the impunity commonly has for its cause the
inadvertency of the legislature in one of these three cases want of perspicacity
and thence presence of inadvertency in the part mind of the legislator,
he sees not that to an extent more or less considerable
the effect produced by his ordinance enactment
will be – not the effect declared by him to be intended
to be produced, but the reverse of it.

Thus in the case 2. Such is the result
for example in the case and to a prodigious extent
is the result in the case in which, to the acts constituted
an offe which is taken for the subject matter of prohibition has stands
attached in the way name of punishment in no other shape
than that of a pecuniary penalty: while to an extent more or less
considerable, the a profit from the offence, rises to an amount exceeding
the loss by the payment of the penalty: to the
amount of the difference between the amount of the loss
and the amount of the profit, the effect of the law is
in this case – not merely that of a licence, but
that of a premium or say a bounty,(a) 1 on
the commission of the offence.(a)

Note (a) to Art.
(a) How to guard against such a result is shown in
the treatise intituled Nomography.

Prodigious is the extent to which offences have been and continue to be produced
by the maker of this course. Reputed and hitherto fruitless have been the warnings
given of the generalevil
by the author of these
pages.

Identifier: | JB/041/487/001 "JB/" can not be assigned to a declared number type with value 41.
Date_1	1831-09-15	Marginal Summary Numbering	15-16, 16a
Box	041	Main Headings	Constitutional Code
Folio number	487	Info in main headings field	Constitutional Code
Image	001	Titles	Instructional / Note (a) to Art
Category	Text sheet	Number of Pages	1
Recto/Verso	"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.	Page Numbering	C1 / E15
Penner		Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	001
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