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1826. Augt. Sept. 5
Penal Code. Ch. XII. Remedies
For remedy in the shape of punishment, antipathy in the breast
of legislator or Judge can not consistently with the greatest happiness
principle, operate as a justificative cause.
Art. Without production of suffering in some shape or
other, in the breast of some individual or other, in no shape, on
no occasion are can remedy in case of delinquency
be applied. Take it for example in its mildest shape – the
prevention. By prevention of the offence with its wrong and
its evil, evil is prod suffering in the breast of the intended delinquent
is produced. A pain of disappointment takes place if the
pleasure expected from the perpretation of the offence. But
taken in all its elementary parts together the suffering prevented is greater than the suffering so produced.
Power Diminution of suffering considered as liable
to flow from delinquency in all its several shapes is therefore
that which, all under the greatest happiness principle remedial application in all their species and
modifications have for their common end.
Not so the punishment applied as it has been
in the early stages of society, and from then thence to
no inconsiderable an extent continues to be at present.
The offences by acts from which they apprehended suffering
to themselves rulers have not been wanting in the application
of remedy to the offence in all its shapes – in a word
in the application of remedies for the purpose of original prevention,
suppression and the prevention of repetition.
But not only by the contemplation of suffering in
a distinct and tangible shape considered as being eventually
liable to fall upon themselves, but by a feeling of antipathy
as towards the individual considered in the light of the an offender
whether in respect of the act considered as an offence or
otherwise.
Identifier: | JB/068/311/001 "JB/" can not be assigned to a declared number type with value 68.
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