JB/068/046/001

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1826 March April 5
Penal Constitutional Code Ch. Division of Offences

The ordinary notion is that an offence which
where the party detrimented wronged is an individual is productive of a
certain degree of mischievousness evil and as such requires of a demand for
a correspondent such a degree of strength of repression, is when the
party detrimented a supreme power-holder or a subordinate
of his, productive of a greater degree of evil, and
as such requires of a demand for a greater degree
of strength of repression.

But the truth of the matter is to a greater
extent over the field of action if not to the whole of the extent the reverse.

1. Take for instance among offences affecting reputation or defamation.
When it is the result of design and thus accompanied with
evil consciousness and as such rightly termed criminal, the demand for punishment is in
both cases much the same.

But where all it is not the result – not of
design but only of temerity or negligence, in this case here
in he case of the private offence the evil of the offence
admitts receives a reduction and consequently so does the
demand for punishment exercise of the repressive power, which applies not to the other
case. The Public Opinion Tribunal to act with sufficient
repressive force in the form of the Official power-holders
requires a degree of excitement to keep up its
vigilance, from a deficiency in this excitement every
thing evil is to be apprehended; from a redundance, nothing none.
By a report charging the imputing a power holder with
an offence which has not been committed, this a degree
of jealousy excitement has been excited: and thus in this respect for food
has been done. Still more where a wrong in breach of
public trust having been exercised by one power holder it has
been exercised – not by him instead but by another
power-holder: by the excitement and direction thus given to the jealousy of
the Public Opinion Tribunal, it promotes probabelizes the discourse of
the real delinquent – a discovery which otherwise might not have
been made.

Identifier: | JB/068/046/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1826-04-05	Marginal Summary Numbering	5-6
Box	068	Main Headings	penal code
Folio number	046	Info in main headings field	penal code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	22241
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