JB/064/002/001

Click Here To Edit

Penal Code
Plan of the Work. Marginals

§ 1 Offences collectively
§ 2 § 7 Justifications

37
VII Justifications
By justifications
understand circumstances
exempting
the agent
from the burthen
of punishment

38
Efficient cause may
be a power or a
right on the part
of the agent to commit
the act

39
The act justified
is in its nature
evil whey then exempt
the agent
from satisfaction.
Reason preponderant
good of the
act in question

40
So many modifications
of delinquency
so many
modifications of
right and power

41
Example. Flagellation
constituted,
by law an
offence
Case 1 Flagellator
having no power
of doing so conferred
on him by law
no justification.

---page break---

§ 1 Offences collectively
§ 2 § 7 Justifications

Case 2 Flagellator
father of a flagellateé
under age in this
case the law gives the
father a right of doing
so & by this enactment
flagellation not an
offence
Case 3 Flagellation
inflicted by judge's
degree founded on
legislatory enactment,
in this case no offence.

42
Reason for giving to
this circumstance the
nature of a justification.
1 Evil confined to
the 1st Order.
2 Effects of the 2d & 3d
order of the nature
of good.

43
Uses of the matter of
this head
1 Maintenance of
law & government
2 Information as to
the manner of producing
this state of
things
3rd Preserving functionaries
acting as such
from being dealt
with as delinquents
4 So as to persons at
large on account
of actions preponderantly
beneficial.

---page break---

§ 1 Offences collectively
§ 2 § 8 Extenuations

44
VIII Extenuations
Examples.
1 Belief of legitimate
case of
justification
2 Provocation received.
3 Provocation believed
to be given

45
Reasons for qualifying
these acts
as extenuations
1 Evil of the 2d order
diminished
2 So of evils of 2 &
3rd order

46
Uses 1 Preserving public
functionaries acting
as such from being
dealt with as delinquents
2 Preserving persons
at large from needless
burthen

§ 1 Offences collectively
§ 2 § 9 Aggravations

IX Aggravations a circumstance
indicative
of demand for
increase of the
amount of satisfaction
or punishm.

48
In some cases a
doubt whether a circumstance
should
be considered as an

---page break---

aggravation or with
the act a distinct offence.
Examples
1 Mortification perpetual
2 Disfigurement perpetual
3 Disablement perpetual
to mutilation

49
Reasons for qualifying
these acts as aggravations

Identifier: | JB/064/002/001 "JB/" can not be assigned to a declared number type with value 64.
Date_1		Marginal Summary Numbering	37-49
Box	064	Main Headings	Penal Code
Folio number	002	Info in main headings field	Penal Code Plan of the Work Marginals
Image	001	Titles	Offences collectively
Category	Marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner		Watermarks	J WHATMAN TURKEY MILL 1824
Marginals		Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	20356
Box Contents