JB/052/225/001

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1825. Feby. 13
Procedure Code

5
Ch. General Rules
(5 §.3. Inflexible rules, none.

18
Examples of evils of inflexibility
as to quantity

Art. For instance exemplification of the evil liable to be certain of being
produced by f inflexible rules in regard to quantity
take the two cases (of) the object — matter of satisfaction — matter of punishment and more length of time

19
1 as to matter of
compensation

Art. [Rule] First as to matter of quantity of the
compensation or other means of satisfaction. If there be a
case in which of the compensation thus inflexibly fixt the quantity
be such deficient — a cash suit deficient as to be inferior to the profit obtainable by
the wrong, it operates by the amount of the difference, as an
inducement to committ the wrong, instead of operating as a
means of repression for the prevention of it.

20
2 So as to punishment

Art. So likewise in the case of
punishment. If in the case of any crime, the punishment
in all things taken together is clearly inferior to the profit
obtainable in the individual instance in question by means of
the crime, the effect of the so called punishment is to operate to wit
by the amount of the difference not as a repression bond for the prevention
but as an incentive, and encouragement towards the commission
of the crime. To one offence by which in the individual
case in question the delinquent has gained £100 but
£10 used no more have been the cases fixt in or the obligation
of paying what constitutes the sole punishment in pounds —
the effect of the law is to operate as a bounty upon the commission
of the prohibited act of the act thus inexpertly unaptly
prohibited as a bounty to the amount of £90 subject only deducting
to the deduction of the costs expence and the equivalent for
the vexation in the shape attached to the situation of defendant in these
cases.

N.B. In the instance of satisfaction and punishment
provision against the improvidence in this shape belongs obviously
to the field of penal law not directly to the fields of judicial
procedure. Of this a procedure in this shape the marks are in a particular degree conspicuous in
Bonaparte Codes.

Identifier: | JB/052/225/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1825-02-13	Marginal Summary Numbering	18-20
Box	052	Main Headings	procedure code
Folio number	225	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d5 / e5
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	16898
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