JB/068/122/001

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1818 July 12
Penal Code

Insert 1. Why extend punishment where there is no blame.
Insert. Why in case of criminal consciousness appeals greater
punishment then a case of mischief.

Question 1. Why, where there is no blame create delinquency?

Answer. Because to a great certain extent the operation
is unavoidable: and the extent runs over the whole field.
To issue command, is to give eventual existence to disobedience.
On no occasion, unless where it has imposed
obligation already, can the Law without imposing
obligation do anything: any otherwise than by operating
on the purely passive faculty, obligation
it can not impose but by commanding: commanding
viz. either to exercise the act in question, or to
forbear exercising its command it can not issue
but by giving eventual existence to disobedience.
In so far as instead of obedience as disobedience has
place the Purpose of the Law is frustrated. Not
to take measures for the prevention of disobedience
would be inconsistency and folly. But without
producing eventual suffering no such measures
can be taken in any case.

Without being accompanied with blame
in any degree or shape, delinquency is therefore
incident to every species of offence whatever be
the name by which it is designated .. those species instances
alone excepted in which intimation of existence
of blame is specially included in the denomination
of the offence. Examples, theft, robbery, fraudulent
obtainment, extortion, seduction &c.

Identifier: | JB/068/122/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1818-07-12	Marginal Summary Numbering
Box	068	Main Headings	penal code
Folio number	122	Info in main headings field	penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e2
Penner		Watermarks	j whatman 1816
Marginals		Paper Producer	john flowerdew colls
Corrections	jeremy bentham	Paper Produced in Year	1816
Notes public		ID Number	22317
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