JB/064/008/001

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1827 Feby 19.
Penal Code

Ch. III. Division of offences
§. 1

1.
Offences affecting the
supreme power 1 – different,
according to the
number of persons
in whom that supreme
power is lodged,
whether in one
or in diverse.

2.
When instead of a
single person, the supreme
power is lodged
in a body, each
individual possessing
a share of that power
may receive wrong in
the same manner
as any other individual,
but in this case,
the wrong is no greater
than if done to any
other individual and
requires no other
means of repression.

3.
In whatever hands
the supreme power
is lodged, disobedience
and resistance
must be surmounted
– but no other
means are necessary,
than such as are
requisite for effecting
the same object, in
regard to wrong of the
same description,
done by one individual
to another.

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Ch. III. Division of offences
§. 1

4.
But though when the
supreme power is in
a single person, the
wrong done to him is
productive of more
evil, than when such
wrong is one of several,
it does not follow
that the means of repression,
or at least
the punishment, should
be more severe.

5.
Evil of resistance to
the power of the ruling
one, is at most equivalent
to that produced
by a foreign potentate
in ordinary war.

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Ch. III. Division of offences
§. 2

1.
Of Private offences
the aggregate forms the
basis of a semi-public
and public, add
to them the offences
affecting trust.

2.
Under a democratic
government, political
power being a trust,
public offences and
private offences against
trust in a manner
coincide.

3.
The same detrimental
acts vary in name &
estimation, according
as they are exercised by,
or to the detriment of
1. An individual
2. A responsible power-holder.
3. An unresponsible power-holder.
4. A foreign enemy.
5. In a civil war, a partisan of the opposite party.

4.
Example. Forcible
depredation exercised
by an individual
is extortion or robbery:
by a supreme
power-holder, it is
taxation.

5.
The general idea is –
that when wrongee is
a power-holder, the
evil is greater and requires
greater strength
of expression, than
where wrongee is an
individual. But in
fact to a great extent,
the reverse is the case.

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Ch. III. Division of offences
§. 1
§. 2

6.
Example 1. Offences against
reputation –
When the result of
design, the demand
for punishment in
both cases the same.
Not so, where the result
of temerity or
negligence.

7.
Example 2. Offences
against property.

Identifier: | JB/064/008/001 "JB/" can not be assigned to a declared number type with value 64.
Date_1	1827-02-19	Marginal Summary Numbering	1-5, 1-7
Box	064	Main Headings	Penal Code
Folio number	008	Info in main headings field	Penal Code
Image	001	Titles	[[titles::Ch. [ ] Division of offences]]
Category	Marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	20362
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