JB/064/016/001

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1827 Augt
Penal Code

Ch. III. Division of Offences
§. Definitions &c

1.
Misdeed, an act producing,
on the whole,
pure pain, or more
pain than pleasure.

2.
No act not producing
on the whole more
pain than pleasure
is a misdeed.

3.
Offence an act made
the subject of prohibition
by the sovereign
authority.

4.
A prohibition, to be effectual,
must be followed
by the infliction
of pain on the
person not conforming
to it.

5.
Motives are the prospect
of eventual pleasure
or pain. Pleasure
suggesting motives
generally insufficient
to induce forbearance
– thence the
need of making use of
pain suggesting motives.

6.
Prescription opposed
to prohibition.

7.
Offence either an act
of commission – i.e.
positive, or an act of
omission, i.e. negative.

8.
No misdeed should be
prohibited, unless the
pain produced, if left
unprohibited, be greater
than that produced
if

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Ch. III. Division of Offences
§. Definitions &c

8 contind.
if prohibited, including
the vexation and
expense of the prohibition.

9.
Pain inflicted for enforcement
of a prohibition,
is punishment.

10.
Punishment, in inflicting
pain to one,
may give pleasure
to another.

11.
Pleasure so given to
the party injured by
the misdeed, is termed
satisfaction.

12.
Extent of satisfaction
derivable from punishment,
limited.

13.
In case of misdeeds,
where the ballance
can not, by the legal
sanction, be turned to
the side of pleasure
it must be left to be
done by the popular
sanction.

14.
Nowhere have the two
sanctions been as yet
in exact conformity to greatest
happiness principle:
but they will approach
to it as experience and
reflection encrease.

15.
Private deontology, the
indication of the course
of conduct in every
doubtful case.

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Ch. III. Division of Offences
§. Definitions &c

16.
Misdeeds – correspondence
with moral wrong.

17.
Misdeeds – correspondence
with legal wrong.

18.
In every offence or legal
wrong, the agent is wrongor
or wrong-doer: the patient,
wrongee.

19.
So throughout the field,
for the designation of
the agent, employ the
termination or or er:
for that of the patient,
the termination ee.

20.
Crime, a name vaguely
given both to offences
and misdeeds.

21.
Vagueness of the word
is practically productive
of much inconvenience.

22.
In this Code, crime a
misdeed, accompanied
by evil consciousness.

23.
Where no evil consciousness,
an offence is
accompanied with temerity,
or with blameless
error.

Identifier: | JB/064/016/001 "JB/" can not be assigned to a declared number type with value 64.
Date_1	1827-08	Marginal Summary Numbering	1-23
Box	064	Main Headings	Penal Code
Folio number	016	Info in main headings field	Penal Code
Image	001	Titles	Ch. III Division of Offences
Category	Marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D3
Penner		Watermarks	J WHATMAN TURKEY MILL 1824
Marginals		Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	20370
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