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1826. Dec. 4 Sept. 5
Penal Code. Ch. XII. Remedies
In England more particularly, the penal Code is to
no inconsiderable extent the result of mere antipathy in the
breast of the legislators or Judges of old times, and from thenm
received along with the power into the breasts of their respective successors
antipathy without a particle of evil in any other receptacle on the part of the act
by which the sentiment was exacted.
To a great extent even where diminution of the
aggregate of happiness is really the result of the obnoxious
act it is not by any shady view taken of the amount of
the diminution that the determination to treat it on the
footing of an offence has been produced. It but has By
antipathy it has it been produced in the mind of the legislator
blind antipathy without reflection on the cause of it – and by antipathy
in the mind of the legislator as it might have been
produced in the mind of a dog.
Such will be at once the extent the efficient cause and the
measure of punishment so long as legislators are suffered
to seek in the exercise of their power the gratification of their
own appetites trusting for their ow justification to the
for half blind practice of their ignorance
and inexperience and unreflecting predecessors.
Identifier: | JB/068/313/001 "JB/" can not be assigned to a declared number type with value 68.
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jeremy bentham |
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