JB/055/071/001

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1823. Novr. 10
Constitutional Code or Procedure

One feature, by which to a considerable extent penal
law and procedure is distinguished from non-penal is the
multitude and sometimes the competition liable to have
place on the pursuer's side – meaning in the case among
individuals.

The part of the field in which the difference has place
is the publico-private part: sufferers individual and
assignable offer sufferers by one and the same offence, or
by one and the same habitually offending offender or
combination of offenders an indefinite number of individuals.
Hence then arises a sort and degree of complicity
which has place in penal proceedings beyond any
which has is apt to have place in non-penal – the class of non-penal suits distinguished
by the name of complex suits excepted.

The A part of the field in which a distinction difference of matter
heard has place is the merely public

In this same part another cause of peculiar complicity
in a certain mode is the necessity of opening the
doors of the Judicatory to two very different characters
though both stationed on the pursuers side: namely,
1. the individual whose motive of pursuit is constituted by
the desire of compensation or vengeance for the wrong
peculiar to himself: 2. the functionary, who is located
for the purpose of causing punishment to be inflicted for the
prevention of the public mischief in ulterior instances.
Interests necessarily concomitant – interests in some respects
in alliance in other respects in a state of competitive and oppositeness
require here to be taken into joint consideration, and
provide for in conjunction, frequently by mutually
antagonizing regulations. The power must not be lodged
exclusively in the individual: for then he would attach himself to
compensation only and the public would be deprived of the benefit
of the example afforded held up to view by ulterior punishments

Identifier: | JB/055/071/001 "JB/" can not be assigned to a declared number type with value 55.
Date_1	1823-11-10	Marginal Summary Numbering	7-8
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	071	Info in main headings field	Constitutional Code or Procedure
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	E3
Penner		Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17792
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