JB/068/283/001

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1827 June 6
Penal or Civil Code Ch. Offences affectg Trust

Instructional
Art. In the penal Code only with a view to delinquency,
therein with a view to the effect, if any on the question
of burthen requisite to be imposed for the two in so intimately connected purposes of punishment
and satisfaction with this
state of things productive or denominated
of a trust present a any demand
for notice. Of This
one exception excepted
every subject matter of
consideration that belongs
to the head of trust belongs
to no other than
the Non-penal or say
Civil or say the Non-penal
Code.

Instructional
Art. In regard to trusts in general, and certain
species of trusts in particular, a question that can not but
present itself is – in what manner the demand for satisfaction and punishment
is affected by the circumstances the state of things which places
the trustee in the situation of delinquent or say which
gives to the delinquent the character places the delinquent in the situation of trustee. Answer

Instructional. Ratiocinative
Art. 1. One consideration there is the tendency of which is to recommend
its being made to operate as enhancing the cause regarded as giving encrease to the
moral depravity indicated by the offence, and thence as giving encrease
to the quantity of suffering requisite to be inflicted in
the name and for the purpose of punishment.

Art. Take for instance in the case of seduction in the case sense
in which it applies to sexual intercourse: by from the circumstances
of the seductor bearing the relation of Guardian to the seducee
by this circumstance a demand for additions to be made to
the quantity of punishment – meaning legal punishment will
very naturally appear present itself.

Art. On a more attentive consideration example no such demand
will appear to be presented – no adequate rational cause for the production
of this effect for any such arrangement will be found to have place.

1. The circumstances by which the notion idea of the existence
of such demand for extra-punishment is will have been produced
is the antipathy sentiment of antipathy excited by the idea
of trust violated – confidence betrayed by the delinquent.
But by the consideration of this antipathy the appropriate inference practical conclusion
suggested is rather a diminution defalcation from than an addition
to, the ordinary quantum of the punishment attached of the offence
in the ordinary case – in the case where no such circumstance as
that in question has place. The more intense and extensive the antipathy
the greater the quantum of punishment attached to the offence
by the proportion
or moral sanction. But
the greater the quantity
of the one ingredient
the less is the quantity of
the other ingredient requisite
for the composition of
the appropriate dose.

Note (a)?
† So likewise in the case of peculation or embezzlement or obtainment by false
pretences.

Identifier: | JB/068/283/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1827-06-06	Marginal Summary Numbering	3-8
Box	068	Main Headings	civil code; penal code
Folio number	283	Info in main headings field	penal or civil code
Image	001	Titles	note (a)?
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1826
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1826
Notes public		ID Number	22478
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