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4
Ch. 1 Relation to Substantive
4 §.
13.
Widely different and
opposite in that
respect this Code from
all others
From [the consideration of] this unity as to the modes
of coming at the appropriate truth inferences of pronouncement
will be seen described derived in regard to practice. On this occasion In this will
be seen in broad feature by which the here proposed Code
will be seen to stand distinguished from all oth Codes that
ever were established. If the one mode course here chalked
out be one the straight kept in, all those others will be seen recognized
to be full of deviation exposed of aberration exhibiting variety of absurdity
and to the unhappy people variety of
productive of variety of wretchedness
14
Intimate connection
of penal with non penal
branch
Another corollary of which a present intimation
may already have been given is the comparative scantiness
of the diversity between the course of procedure required
for the giving execution and effect to the penal non penal
branch of substantive law and the course requisite in the
case of the penal branch. For giving appropriate execution of and
effect to the non-penal branch appropriate proof evidence must
be have been obtained and employed and appropriate means of
execution obtain provided and applied: and with little if
any difference these will serve as well for the most afflictive penal uses
for non-penal cases
15
Application generally
greater in penal cases
than in non penal
but may be far greater
in non penal
In the penal; cases of the greatest severity reluctance
as to compliance on the part of the defendant will be greater than in any non penal
case: and for surmounting reluctance, adequate provision
so far as the nature of the case allows admitts must b in every case
be made. The reluctance will be as the affliction But
in cases decidedly non penal the affliction may with little
exception be as great as any which in the far greater number
of penal cases it will be found necessary to produce. Be a mans
property [+]
[+] ever so vast, it is frequently for a purely non penal; purpose, satisfaction be creditors necessary to divest him of it : and may a man rather than undergo this
this affliction has doomed himself to and actually suffered misfortune for life: for life and that a long one.
Identifier: | JB/052/189/001 "JB/" can not be assigned to a declared number type with value 52.
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1824-11-22 |
13-15 |
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052 |
constitutional code; procedure code |
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189 |
constitutional code |
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001 |
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text sheet |
1 |
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recto |
d4 / e4 |
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jeremy bentham |
j whatman turkey mill 1824 |
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jonathan blenman |
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1824 |
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16862 |
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