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1826. May 24
Penal Code
If, difficulties attach upon the task in a case of corporal vexation the task of drawing
a the line between the cases in which the application
of punishment and the other means of repression
may be and that in which they cannot be
applicable with preponderant advantage, (is attended
with difficulty). Still more will they be, in the case
of mental vexation: Scarcely between any two
individuals, it may be said, can an hour's conversation
have place, but something or other to which
this appellation would not be altogether inapplicable, all
have had case in the course of it.
Of this proposition scarcely can the truth be
denied nor to the present purpose is it necessary
that it should be denied. As in the case of corporal
vexation, so in this case, not in every individual
instance is it proposed to employ the power of legal
coercion in these or any other shapes; but only in
the case, where the magnitude of the vexation
rises to such an amount that, when all the circumstances
of the case are understood, it will be
sufficiently clear that the unpleasant remedies in
question not only may be but will be employed with
the requisite preponderance of advantage.
If this difficulty such as it is were to be admitted
as a sufficient cause for leaving this item
out of the list of offences, evil of a very high magnitude
would it will be seen be left in the enjoyment of impunity
Identifier: | JB/067/251/001 "JB/" can not be assigned to a declared number type with value 67.
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copy/fair copy sheet |
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