JB/064/084/001

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1828. June 7.
Penal Code

28.
The matter here treated
of belongs to penal
as well as Civil Law.

29.
No act can be treated
of as an offence, without
describing the
persons liable to commit
it.

30.
If no such definition
effect of laws to produce
a mixture of offences
& punishments.

31.
On these occasions,
legislator an accomplice
in the offence.
So punishment an
injury, and legislator
the author.

32.
In these cases, Legislator
the first of malefactors.

33.
Though no punishment
allotted, no
reason why the definition
of an offence
should not constitute
part of a penal Code.

34.
No clear line of distinction
between
Code and Code.

35.
No part of law can
operate without something
having the effect
of punishment.

36.
Therefore, all law belongs
in the first
place to the penal
branch.

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37.
But that matter of
which the reference to
punishment is less
immediate, separated
under the title
of Civil Code.

38.
Example, the Law
conveying contracts.

39.
To Penal Code, every
thing which puts it
out of a man's power
to avoid punishment.

40.
Example, non-performance
of contract,
where contract to be
enforced by punishment.

41.
In regard to punis
hment, every act to wh.
by law, the character
of an offence is attached,
belongs to penal Code.

42.
And this, whether the
act morally blameable
or not.

43.
But only here and there
by name, can it be
seen whether act is
regarded as blameable
or not.

44.
Where no punishment
allotted but satisfaction
to individual
wrongee, here a Civil
Law.

45.
But, looking a little
closer, the distinction
evaporates.

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46.
No satisfaction can
be made to wrongee,
but the effect of punishment
to wrongdoer
is produced.

47.
Example, pecuniary
satisfaction to
wrongee out of public
purse.

48.
Consequences –
1. In no case of individual
suffering
produced, punishment
till after satisfaction.
2. No punishment except
where satisfaction
insufficient
as punishment.

49.
No offence in which
falshood may not be
employed as an instrument.

50.
Take any supposed
civil offence, and
give a definition
of it, as such.

51.
Add the circumstance
of falshood,
it can not be considered
but as a
penal offence.

52.
Some modifications
of falshood separate
offences; but are not
less liable to be dealt
with as adjective
offences.

Identifier: | JB/064/084/001 "JB/" can not be assigned to a declared number type with value 64.
Date_1	1828-06-07	Marginal Summary Numbering	28-52
Box	064	Main Headings	Penal Code
Folio number	084	Info in main headings field	Penal Code
Image	001	Titles
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	20438
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