JB/042/423/001

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1828 May 24
Constitutional Code

1

Ch. XII. Judiciary Collectively
§.20. Eventually emendative
function

Addendum

Enactive
In case of emendation by appointment of punishment
where as yet there is none, let not the punishment
be made retroactive to wit on the discovery of a maleficent
quality as being possessed by an act of this or that description
not yet by prohibition aggregated by prohibition to any class of offence, apply
not any retroactive punishment: Ratiocinative do not apply pain in the character
of punishment to any one by whom such act if newly discovered maleficence has
been proposed

1. The only use of punishment is prevention of
similar offences maleficent acts (maleficence being having place in this case by the supposition) which otherwise would have been committed.
But this good effect may as well surely be accomplished
by prohibition without punishment i.e. by
the announcement of punishment as about to be inflicted
in the event of any repetition of the maleficent act, as by
prohibition with punishment

2. On the other hand by of the infliction of punishment
without warning in any one such case an effect liable
to be produced is the sense of insecurity resulting from
the breach of the general rule. No punishment for any
sort of act to which in the existing state of the law a
punishment may not be seen to be already attached, the
supposed maleficent act being already included under
some denomination of offence

In a word though in a comparatively minute
degree the changes would be of the same nature
as that which has place under the existing system
is produced by Judge-made law Judges making correspondent
fictitious articles of Judge-made law in species of cases
of this and that description at pleasure, by infliction
of retroactive punishment in in individual cases from whence
by abstraction the idea of such specific cases is by abstraction framed

By this practice, how great so ever the danger little or no alarm it may be said is produced.
True. But by which cause is it that this absence of exemption from above
is produced? Only by the universal unknownness of the law. This vast But thus it is
that
that this evil vast as it is
productive upon a small
case in various instances
productive of great more
or less good. When the
evil can not by any pre
be prevented or so much as foreseen, better it should remain unforeseen than foreseen: forasmuch the alarm would be so much pure evil, being by supposition incapable of
putting an exclusion upon the evil which is the object of it.

Identifier: | JB/042/423/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1828-05-24	Marginal Summary Numbering
Box	042	Main Headings	constitutional code
Folio number	423	Info in main headings field	constitutional code
Image	001	Titles	addendum / enactive
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks	b&m 1828
Marginals		Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	13346
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