JB/041/489/001

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1831 Sept. 1, 16
Constitutional CodeCh. XXV Justice Minister.
§. 5. Dispunitive function
(3) (2)

happen) the happiness of the community would experience not encrease
but diminution. At the same time it apprehends that, after
the habit which the community has been in of seeing punishment
attached to the acts in question, were no punishment to be attached
to them by the now law, from the the apprehended consequence would be – that
for from the observation of the change in position, more or less considerable,
of the people, would – not only experience dissatisfaction, but dissatisfaction
to such an amount, that the evil composed of it would
be greater than the evil composed of the application made of
the punishment in question to the purchase offer delinquents in question, would to the
evil composed of the restraint put upon those by whom the practice practice
would with its gratification the gratification reaped from it, would otherwise have been partaken of.

Instructional

Art. 28 Art or 3. What course In this case what
course shall be taken? A course, which, in a case of this sort has
been taken, is this. The Legislator, in his Code the to Substantive branch of his Penal Code, gives
admittance applies prohibition and punishment to the practice in practice in question, but, aggregate which these in the Adjective, or say Procedure
branch of it aggregates the case to those, in which the Government Advocate is authorized, in the Adjective but no other person allowed, to prosecute for. In this way – in the one part the in question
is left unproduced – the tranqillity of the public mind is left undisturbed;
in the other part, the suffering in question is left unproduced,
the liberty in question is left unrestrained.

Art. 2. Bad opinions – bad acts expressive consisting in the giving expression
and publicity to bad opinions – acts resulting from bad death – By legislators,
of most if not of all , to acts of both these descriptions punishment
has been attached. To enquire what the relation relation is which
has place between sub- legislation to this effect and the happiness of
the community, belongs not to this present purpose. For and to conception,
and for se not for any other urpose, are is this example, on the present occasion, brought to view.

Instructional

Art. 22 What belongs to the present purpose is – the observation that,
supposing this policy advisable, here is a case in which to pur the
it is purpose requires that the with reference to acts of the description in
question, the power of remission, with regard to whatsoever whatsoever punishments
stands stands attached to them, should in the indirect and silent way, be committed to
the observation – that supposing
this policy advisable,
the Government
Advocate under Prime Ministers
orders, is the functionary for carrying it into effect.

Identifier: | JB/041/489/001 "JB/" can not be assigned to a declared number type with value 41.
Date_1	1831-09-16	Marginal Summary Numbering	19-22
Box	041	Main Headings	Constitutional Code
Folio number	489	Info in main headings field	Constitutional Code
Image	001	Titles
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	C3 / C2 / E17
Penner		Watermarks	STREET & Co 1830
Marginals	Jeremy Bentham	Paper Producer	Antonio Alcala Galiano
Corrections		Paper Produced in Year	1830
Notes public		ID Number	001
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