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power of arrest vested in the hands of all persons
without distinction is indispensable necessary to the efficacy of
the law.
An English statute looking upon the practise
of burning fireworks letting works in the streets as dangerous
prohibits it under penalties: Under involving in
the prohibition those who make them & those who
suffer them to be thrown from their houses, as well
as the persons who actually let them off. the penalties are pecuniary and to no great amount in any case. With regard
to persons of the second of these descriptions
the power of arrest is needless: for knowing where
they as you know where they live and is the punishment
such as it would be worth their while to
fly for, you know where to find them. With regard
to persons of the third description without
the power the penalty unaccompanied with the power
in question might as well never have been denounced.
The power is not given in any instance.
A general rule. As matters As matters stand at
present unless wherever the offence is so circumstanced
that in the nature of things the offender may
means of coming at the offender may be unknown
unless you give the power of arrest to any persons
who may happen to have been witnesses to the
offence, you had as good do nothing. But when
were the institution of marking to be established that power
need be given in those cases only in which the evil of
the punishment is so great that the evil of perpetual
banishment may be less. fall short of it.
Identifier: | JB/062/190/002 "JB/" can not be assigned to a declared number type with value 62.
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190 |
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jeremy bentham |
[[watermarks::[britannia with shield emblem]]] |
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