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C
Of the [purposes] of Procedure in general
the superfluous mischief, when there is any, may fall.
These are either the parties to the prosecution, or
third persons: and The parties again are either the
prosecutors or defendants: + This division, it is evident
+and the third persons here spoken of
are either officers concerned in the carrying on of the suit, such
as Judges, Advocates,and officers of regulation; or mere strangers whose concerns may be accidentally involved in it.
includes of course every person on whom the any
superfluous mischief which may can affect.
6
Now as to the defendant, he is either guilty or not guilty innocent. If
then he is guilty, any superfluous punishment mischief which
in the course or at the conclusion of the suit may come
to be inflicted on him may be stiled superfluous
punishment, or punishment unjust pro parti if not guilty innocent, mis-placed punishment
or punishment unjust in toto. As to Judges and other
It may according-
ly be divided
into so many
branches
officers concerned in the carrying on of the suit,
upon persons so situated there can fall any other mischief than
what consists in trouble: (a) that which may fall upon
strangers is more various, and may be stiled vexation.
7
The mischief of an act, the sort of mischief which
Three periods in
which Procedure
may act against
an offence.
the system of procedures, by means of punishment
or otherwise is designed to obviate, may be considered at
-----
Note.
(a) This head of mischief when analyzed, is reducible to two
branches: the first consisting the pains of exertion: the second of the pains
of privation corresponding to such pleasures or other advantages
which a man may have been debarred from procuring
by such pre-occupation of his time.
Identifier: | JB/051/313/002 "JB/" can not be assigned to a declared number type with value 51.
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5-9 |
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051 |
evidence; procedure code |
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313 |
[[info_in_main_headings_field::of the [purposes] of procedure in general]] |
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002 |
note |
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text sheet |
4 |
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recto |
f5 / f6 / f7 / f8 |
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jeremy bentham |
[[watermarks::s. lay [britannia with shield motif]]] |
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alexander mavrokordatos |
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16478 |
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