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CLASSIFICATION. NEW. Observations on the 1st Class. Abuses of Justice.
Offences of the order have the remarkable peculiarity
that an act of the same kind & denomination
according to it's effects are favourable to the one
or to the other side, of the question in the case where they ought
not to be favourable.
They produce two mischiefs of an entirely different
nature, so as to determine their being in the one
case to the 1st in the other to the 3d class.
to the 2 different
classes in the 2
different cases.
The business of persons entrusted concerned in with the
administration of Justice is [of 2 kinds] different
in this behalf accordingly as it respects matters
or civil
In matters properly termed Civil, the business
is to make a adj right adjudication of burthen
or benefit,+ between two competitors II
that
some certain cases
+ a portion of happiness
or unhappiness
which is in litigation
II or co-depredators co-detractors
In matters properly termed criminal to determine
[& accordingly to provide] whether a portion of unhappiness not before subsisting shall, for the
purposes of the Law, be created in order to
cast upon some single person — the accused.
How their person is either in fact criminal, or
innocent: & in either case this portion of unhappiness
is either cast upon him, that is he
is convicted & the sentence executed upon him
accordingly; or it is he is not.
If the case is that he is innocent, & the event
next he is acquitted, or the case is that he is
guilty, & the event is that he is punished, &
all parties concerned have acted in the manner concerned
to produce those 2 [different] events in those
two [different] cases respectively, things are as
they should be, & there is no room for any offence.
If it terminate as it
ought
But if the conduct if any such person of that
description has been such as is calculated
to produce other of the 2 remaining events: viz
in the case of his being guilty innocent that which he should suffer punishment; or in that of his being guilty, be exempted from it; in either
of those events cases of conduct there has been an offence
but that offence dif reparable to a degree class which
in the 2 cases is different.
In that of ten innocent persons suffering, there
is a mischief of the 1st order, of which the person
accused & suffering is the object: the existence of which
Class 1st Observations on the - [BR][]
---page break---
...using no other license in this respect than
what necessity has constrained Botanists to abeyance,
who have case together into one class those articles of their science
whose essential characters of which ought
is known of them with one another otherwise agree [principally] in
this, that they are obscure.
+ It is a certain
individual who ;
& the mischief
which the state suffering
which individuals
un-certain incur
the of,
is what results by
reflexion from
that person.
Mischief makes the offence reparable to the
1st class+. In that of a guilty person's escaping
there is no mischief accruing to any object either certain,
or tho individually <add>personally uncertain, determinable by place: so that
the offence can be referred to no other class
than the 3d.
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classification new observations on the 1st class abuses of justice |
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jeremy bentham |
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