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1824. March 27 +
Constitutional Code. Copd
ulto
Ch. XI. Judiciary collectively
§. Justice for the poorest
4
Weed out the factitious.
Art. 6. Hitherto Under every known government as yet established the
expence by which is the instrument of tyranny in this shape
has been stands rendered distinguishable into two the two abovementioned branches — the natural and
the factitious. : the natural being of itself
out of the nature of the case; the factitious that which for
and out of government. The
factitious part every government will whenever they the rulers respective rulers will extirpate
wheresoever it shall have become their pleasure to cease being accomplices in every
crime: it will of course be stand excluded in every Code
which arrangements of which are determined by the principle
laid down in the present Constitutional Code.
Art. 7. For the P Code it belongs to For To the ulterior
purpose of minimizing the natural branch of the evil,
a necessary the investigating preliminary is the investigation of
it without the sources out from
which the expence takes its rise: the occasions on which,
the purposes for which the demand for need of it is created.
Art. 8. This ascertained the only concerns, which on this occasion the nature
of the case admitts of its taking for the minimization of the
evil, from the will be found reducible to these two these three: namely
1. Minimizing on the several occasions the quantity of expence actually bestowed.
2. as to such part as can not but be bestowed,
2. shoulders on which by a
placing it upon those shoulder, on which, by a given
quantity of forced expence, the least quantity of affliction
is produced the inconsiderable part of portion of the expence a can be thus
3. As to such part of it as is thus applied,
laying it upon those, in whose instance, in compensation,
or part compensation, for the affliction produced, the disposition made of it produces,
in the way of prevention of greater evil, the beneficial effect of punishment.
of punishment. Art. 9. Art. 9. The ways, in which, the quantity of forced forced expence
being given, the affliction produced by it is diminished and minimized,
are these two: namely 1. the throwing it placing imposing the burthen upon the public fund; that is to
say upon the whole community in the aggregate: 2. as between two persons
on the different sides of the suit occupying different stations in the scale
of opulence, the imposing it in proportion, correspondent to the height of their respective situations.
Identifier: | JB/042/350/001 "JB/" can not be assigned to a declared number type with value 42.
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1824-03-27 |
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constitutional code |
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350 |
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recto |
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jeremy bentham |
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