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1825. Aug 27.
Penal Code
(3)
3.II. Now as to offences by which person
and reputation are affected at the same time.
In this case, the connection is not, as in the other
case natural and universal. It depends upon
a peculiar turn taken by the moral sanction, &
the public opinion Tribunal in a certain class
of nations. This opinion is so far connected with
civilization, where that it is only in nations arrived
at the highest as yet known class of civilization
that it has place: whi but it is only by accident
that it is connected with civilization: for in a
still higher stage of civilization it will have vanished. In this place, two intimations conceived
for the present in the most general terms, may
have their use: to wit. 1. That it is in the feudal
system that it lost it's rise: that it is to the imperfection of the state of the law, to wit of the penal
Code and the Procedure Code thereto belonging,
that it owes its continuance.
By a strange perversion of reason, in certain
cases where corporal vexation has been
produced, on the correspondent attempt for or preparation
manifested, public the disapprobation
entertained and manifested by public opinion
directs itself – not against the author of the wrong,
but against the sufferer by it: in which case, the
public opinion Tribunal, instead of exercising one
wrong, as in most other cases a expressive, exercises
a productive or promotive force, operates as
a blind instrument in the hand of the wrong doer,
and inflicts adds to the corporal suffering produced by
him a mental suffering, which of himself he never
could have produced, nor in short any other agent other
than itself.
Identifier: | JB/067/281/001 "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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recto |
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john flowerdew colls |
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22114 |
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