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1827 Aug. 25
Penal Code§. Definitions & Distinctions
act positive negative act
Note logical explaining
contradictory and contrary opposite.
Opposite to prohibition is prescription.
To prohibit any act is to prescribe its contrary contradictory opposite: to prescribe
any act is to prohibit its contradictory contradictory opposite.
Considered with reference to the logical quality of
the act or say in this case the misdeed, an offence is either an act
of commission or an act of omission: an act of commission
is a positive act: an act of omission is a negative
act. By being applied to the correspondent sort of
act, prohibition and prescription are thus interconvertible.
According to the greatest happiness principle
a species of misdeed should not be taken for the subject of prohibition
unless the pain produced by it, if left unprohibited
will be greater than the pain attached which in the character
of a motive is eventually attached to the performance commission of it
taking into account the that produced by vexation and expence employed in
the production infliction of it: including the vexation and expence
employed in the enquiry whether the individual in question
is of the number of those to which for the purpose of giving
as above effect to such prohibition such pain should be endeavoured
to be produced inflicted.
Misdeeds for the pr Considered as having for its object
or end in view the giving effect as above to a prohibition or prescription
pain sufferance intended to be produced by authority as above, is stiled
a punishment.
To a considerable extent, an act employed by
authority in the production of pain under the name of punishment
on the part of one person, may be and in practice is employed in the production
of pleasure on the part of another.
When in consideration of pain suffered by the
commission of an offence pleasure that is produced that is to say
the means of pleasure are put into the hands of the sufferer, the an act by
which this effect is produced
is stiled an
act of satisfaction: satisfaction
is said to be
received by him.
Identifier: | JB/068/066/001 "JB/" can not be assigned to a declared number type with value 68.
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1827-08-25 |
6-11 |
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068 |
penal code |
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066 |
penal code |
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001 |
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recto |
c2 / d2 / e2 |
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jeremy bentham |
j whatman turkey mill 1826 |
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jonathan blenman |
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1826 |
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22261 |
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