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21 May 1805
Evidence
The demand for this distinction in classification arrangement and nomenclature
was produced by several differences of prime importance in with a view to practice.
I. From the differences respecting the burthensomeness of the obligation
result correspondent differences in respect respecting the coerciveness and thence
the burthensomeness of the operations necessary to secure the forthcomingness
and eventual justif justiciability of the defendant. In general
the burthensomeness of these operations will be greater in a purely penal suit
2. From the differences respecting the inter
or a mixt suit than in a purely non-penal suit.
II. From the differences respecting the interest of any by which
an individual having it in his power to institute and carry through
a suit having for its object the demanding at the hands of the
Judge the rendering of the service corresponding to rendered by the imposing upon
the defendant the obligation correspondent appropriate to the nature of the suit,
result the necessity or non necessity of extraordinary maxims, to
be taken by the legislator for securing in all cases the institution
and maintenance of the correspondent suit.
If there be the nature of the case be such that there is no individual who by any interest any naturally occurring interest peculiar
to himself to himself is urged initiated incited to institute the suit, with the legisla
and thence to subject himself to the vexation and expence attached
to the maintenance of it, in such case either the legislator in default
of such natural interest, must create and afford to some
individual a factitious interest adequate to the production of
such effect, or the correspondent branch of the substantive law
will go unfulfilled.
In this case are all those suits which are of belong to the purely
penal nature class: suits which have for their object the calling down causing
punishment to fall upon the defendant in the of an offence of
the class of composed of the offences stiled Public Offences, being the last of
the four classes not under which offences of all descriptions have been arranged in a book already under the public eyes.† † Dum.
Identifier: | JB/058/039/001 "JB/" can not be assigned to a declared number type with value 58.
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jeremy bentham |
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18708 |
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