JB/068/298/001

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26th August 1825
Penal Code(1.)

Superseded in law amendmt prop.
Ch. Remedies
§. 1. Compensation
Rules for the Judge

From the above explanations, purely theoretical
as they may appear to be, rules and inferences arrangements of
a practical nature, will be found deducible: inferences,
the application of which will be found to cover
the whole field of penal law.

1. Obligation to afford satisfaction has, in proportion
to the burthensomeness of it, the effect of punishment.

It accordingly, by the whole amount of it, superseded
the demand for every infliction in the
name of punishment.⊞ ⊞State what the effect of punishment is, viz. anti-reputational,
prevention of future similar offences wrong whether on the part of the wrongdoer in question, or others.

The account of punishment does not commence
till after the whole profit of the offence, whatever
be it's shape or shapes, has been abstracted from
the offender, and until the Defender has been bereft
of the whole profit in every shape accruing to him
from the offence: or, in so far as that profit, having
once been received, is not in it's nature capable of
being abstracted in so far as to counterbalance this
portion of profit, an equivalent portion of suffering,
in some shape or other, has been inflicted.

4. In every case, in which the punishment inflicted,
burthen of satisfaction if any, as above, included, falls
short of being a full equivalent for the profit of
the offence, the whole arrangement taken together,
instead of operating int he way of punishment, operates
as a licence, or rather as a bounty, and instead of deterring men
from the commission of the offence, will invite
them to it: and instead of repressing, will give
birth to the offence.

Identifier: | JB/068/298/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1825-08-26	Marginal Summary Numbering	1-4
Box	068	Main Headings	penal code
Folio number	298	Info in main headings field	penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / d1 / e1
Penner	john flowerdew colls; richard doane	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	22493
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