JB/068/213/001

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1826. May July 8
Penal CodeCh. Justifications

Justifications In producing the a demand for Justification,‡ ‡ Apply this to exemption also. there
are two circumstances which in most cases act operate in conjunction.
These are absence of the mischief of the 2d order,
and inefficaciousness of the punishment. Of By the first of these circumstances
the effect indication afforded might go no further than to indicate the
propriety of an alleviation in the punishment, for which
there would otherwise be a demand, but the other takes
away the use and demand for punishment altogether.

Justifications to which is applies are
1. Consent, when freely and fairly obtained or spontaneously
signified in which of course entreaty is included.

2. Preserving from a more than equivalent evil, any other
person or persons: including 1. the person thus vexer himself – 2. the
vexer: 3. a connexion of the vexer's: 4. any other person at
large.

3. Legal power in its several branches: to wit 1. domestic, 2.
judicial, 3. Administrational in proportion to Military,
5. Legislative. For here by the supposition with eyes
of the legislator the evil of the vexation is outweighed by the
good regarded as produced by the institution and exercise of those
several powers.

1. In all these several five cases the uselessness of punishment has
place in full force: for a law inflicting ordaining punishment for the exercise
of power ordained by law would be a self contradictory proposition.

2. But Not so as to the absence of mischief of the second order
the case is very different. In the case of any one of those branches
of power if the evil allowed to be produced is excessive, and the power
of producing it not sufficiently limitive guarded against arbitrariness
banded to wit by
judicial limits, it may
be a source of power more
intense and extreme than
can to any act of vexation
performed by an unauthorized
and declaredly criminal individual.

Where what is commonly understood by the ever torture has been in force extreme pain kept applied to a person not proved guilty, till the
gu supposed guilty criminal act in question has been confessed by him to have been committed by him, to the quantity the alarm and danger thus produced there was no bounds.
Of other than those which limit the quarter
of the population of the state which has
the misfortune to be their general and⊞
⊞ the folly to submitt to be thus governed.

Identifier: | JB/068/213/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1826-05	Marginal Summary Numbering	not numbered
Box	068	Main Headings	penal code
Folio number	213	Info in main headings field	penal code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	22408
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