JB/068/040/003

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1826 July 9
Penal Code Book I. Ch. Division of Offences – Rudiments

Negative Offences

These consist always
exclusively of non performance
reddition of decrees
executed by government
of individuals on the
account of the public.

1. The principle in point
of importance
and extent on
2. Non payment of loans
this being exacted of all
to this
Non-reddition of military
service.
3. Non-
on the part of functionaries
of all grades
and classes.

As between individual
and individual,
scarcely has can any
instances be found of
a case in which a negative
offence – has a
separate denomination
of its own.

By omission to administer
food left over
may be
to life: incidentally
where the individual
to whom it ought to have
been administered is a
state of imprisonment
or quasi-imprisonment:
to an unbounded
extent in case
of helpless
but every case of this
sort is under
under the name of homicide
a name which
unless where the contrary is presented
to view, never
fails to produce the idea
of a positive use.

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Public Wrongs are on
the footing of Offences against
affecting trust.
Trust being 1. Private 2. Public
Offences affecting trust are
1. Against trustees.
2. By trustees.

23 July
Sources of Division as
to Offences

Reason for multiplying
them, minimizing the
individual instance of delinquency:
or of the quantum
of ultimate mischief from
delinquency: viz. by
maximizing
preventive sistitive and indemnification.

☞ Collect the sources from
Dumont.

Offences permanent & impermanent
or say transient.
Correspondent to permanent
offences are chronical
wrongs.

Permanence an aggravation.
Mention here the division
into Offences principal
and accessory.

Also that of into
Offences positive and negative.

One subsection of Offences
negative is non prevention
of the wrong
or mischief that would
be done by the correspondent
offence positive.
Such non-prevention
may be considered as
a mode of accessorist.

an accessory to the purpose
of indemnity his carriage
he in it or not, remains over .

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, over the whole
field a cloud is thrown
by the division made of offences
on the ground of the punishments
and other remedies
employed against
them.
1. Treason
2. Felony
3. Felony
4.
5. Misdemeanour
6. Trespass

This applies particularly
as to the question who are
principals, who accessories.
Ulterior classification
in Justice of Peace Law.
☞ Consult the late Act
for the present .
I Disorderly persons?
II Rogues and Vagabonds
III Incorrigible Rogues?

Challenging is an
Offence Accessory – a preparation
– conjunctively
and indiscriminately
with relation to
1.
2. Disablement &c.

Ch. III. Division of Offences
§. 1. Use of this
§. 2. Sources of division
§. 3. Reasons for treating acts
on the footing of offences
§. 4. Mode of estimating
the degree of mischievousness of
an offence
§. 5. Ch characters
of the classes resulting
from this division
§. 6. Remedies to the
lots of mischief respectively
produced by the
several offences &v.
Ch. Remedies
§. 7. System of classification
employed in Bonapartes
Code.
§. 8. System of classification
employed in the English
Jurisprudence.

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Sources of Division
I – Seat of the mischief produced
1. Relative to title
2. Relative to trust
3. Logical characters – positive and negative
4. Continuance – permanent
and unpermanent. Permanence
an aggravation.
5. Complicity & incompleatness 6. Offender of association of the
offenders say number of
Codelinquents
7. Seat Extent of the 1 desired mischievous
8. It called 1. Private. 2. Semi-public.
3. Public.
☞ Semipublicity and
Publicity make Aggravation
under each head
of offence: off
Publicity to another
head.

Identifier: | JB/068/040/003 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1826-07-09	Marginal Summary Numbering
Box	068	Main Headings	penal code
Folio number	040	Info in main headings field	penal code book 1 ch. iii division of offences rudiments
Image	003	Titles
Category	rudiments sheet (brouillon)	Number of Pages	2
Recto/Verso	recto	Page Numbering	f1 / f2
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	22235
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