JB/055/065/001

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1823. Novr. 27.
Constitutional Code or Procedure

Thus unequivocal and determinate are the
points of resemblance. Not so the points of difference.

1. First as to reluctance: viz. on the part of
the Defendant: reluctance to comply with the ordinance
of Substantive Law in the first instance,
and thence to submitt to those exercises of power
on the part of the Judge, which are rendered necessary
to the subjection of the Defendant to those sufferings,
the eventual infliction of which, has been is rendered
necessary by the first mentioned reluctance.

The reluctance has for it's natural efficient
cause and measure, the magnitude of those sufferings:
and in the cases provided for in the penal code
those sufferings are, by the power of government and
it's laws, capable, it is true, of being raised to any magnitude,
of which human nature is susceptible.
Endeavours to reach this maximum have not, it
is true, been everywhere altogether wanting.
But, relation had to the whole of the field anywhere
occupied by the Penal Code, the portion in relation to
which any such endeavours have anywhere applied
themselves, is comparatively small.

In a Code which has for it's end in view the
greatest happiness of the greatest number, it would
be much smaller: so likewise would the difference
in magnitude of suffering in the two cases. On examination
it will be found, that with a comparatively inconsiderable
addition, the quantity of suffering,
which, in the application of the remedies necessary
to be applied in cases uncontorovertibly civil, is indispensable,
will suffice in all penal cases for the purpose of punishment.
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Identifier: | JB/055/065/001 "JB/" can not be assigned to a declared number type with value 55.
Date_1	1823-11-27	Marginal Summary Numbering	4-6
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	065	Info in main headings field	Constitutional Code or Procedure
Image	001	Titles
Category	Copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	E2
Penner		Watermarks	J WHATMAN TURKEY MILL 1822
Marginals	Jeremy Bentham	Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1822
Notes public		ID Number	17786
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