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1826. Augt.
Penal Code
Such having been the cause of the finest and thence
efficient of the act of punishment such has also accordingly been the measure
of the suffering intended to be produced by that same
act. It has
It has accordingly been varied by all the variation
of which have had place the tempers of the authors of punishment on the
several individual occasions has had place in the tempers
of the several authors of the punishment. It requires no
argument to prove that so far as this has been the case
no contribution regular and settled contribution to the maximum
of happiness can have been the result.
As to the authors of the punishment – considered
in respect of quantity of power the order in relation to them they have been 1. the legislator
2. the Judge.
But considered in respect of priority of institution,
the order here they have been 1. the Judge: 2. the Legislator. As
speech discourse has preceded grammar so has judicature legislator.
In every line of action individual acts preceded by a long
interval the formation and establishment of general rules.
Everywhere the Judge has preceded the Legislator: everywhere after
the establishment of a Legislature in so far as he has been suffered he has continued
in the exercise of his power in opposition to the Legislature
and under a government of corruption, to a great extent
the by rulers in this situation of character of Legislators have found
their account in the regarding with an eye of connivance
the acts of insubordination committed by themselves with others
in the situation of Judges. Without trouble or responsibility odium
he can thus effect or see effected those sacrifices of the universal
interest to his own particular interest which otherwise if at
all he could not have effected without being subjected to those
same unpleasant burthens.
Identifier: | JB/068/312/001 "JB/" can not be assigned to a declared number type with value 68.
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1826-08 |
not numbered |
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068 |
penal code |
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312 |
penal code |
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001 |
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text sheet |
1 |
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recto |
c2 |
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jeremy bentham |
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22507 |
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