JB/057/223/001

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1825. March 23
Procedure Code.

IV
Ch. IX
§. Preliminary Security
Means of enforcing compelling
disclosure

Observations

3
As long as evil of
non compliance outweighs
the evil of these operations
their employment
not objectionable

(a) Observations on Reasons. Supposing the above two conditions
fulfilled, there can be no scarcely can there be any reasonable objection
to the employment of any of these measures. By the supposition
they are necessary to the fulfilment of the ends
of justice. If notwithstandin For so long a time as the
patient persevering in non compliance, the
fact indisputable fact proves that whatever pain he is enduring
is outweighed by the pleasure he is reaping he reaps from the idea of defeating the ends
of justice. a pleasure more than equivalent to the To indulge him in this pleasure would be repugnant
pain and to with the ends of justice.

4
These operations produce
langour and
thereby incapacity
of persevering resistance
— Not so torture which
produces excitement
and frequently enables
the patient to resist
its utmost violence

Among of the effects Of these applications is the producing langour
and thence incapacity of resistance and perseverance.
The Infirm is the degree in which it is produced by These modes of producing pain which have commonly
been designated included under the name of torture.
Not very infrequently the excitement they produce has been
sufficient to enable the patient to resist this utmost
violence. The tendency of them Among their tendencies is their salutary
one of exciting towards all those who are instrumental
in the infliction of them from the Legislator down to the
executioners and a sentiment of abhorrence no less well-grounded
than materials in so much that no inconsiderable
extent even under the most arbitrary governments
this mode of eliciting disclosure for judicial purposes
has been abundant. When Torture has produced the effect sought
or failed of producing it, frequently have the pur afflictive effects of it continued throughout life.
Of and finding the afflictive effects as soon as this application ceases.

5
5
Proposed inflictions though
adapted for compulsion
totally inappropriate
for punishment

As to the here proposed inflictions well adapted
as they are to the purpose of i.e. to the purpose of producing action to a certain effect
adapted to the purpose of punishment— not to the purpose
of providing punishment — i.e. more suffering for the
preventing repetition of the like offence by the patient and
for deterring others.

Identifier: | JB/057/223/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1825-03-23	Marginal Summary Numbering	3-4
Box	057	Main Headings	procedure code
Folio number	223	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2 / c1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1824
Notes public		ID Number	18553
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