★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
1825. Aug. 25.
Penal Code
Ch. Remedies to delinquency and its effects
So much for the acts which it is the object
and endeavour of the Legislator to repress. Now as
to the means of repression which the nature of
things places at his command.
These may be distinguished into direct
or say Immediate and Indirect or say Unimmediate.
By the direct, understand those which apply to the
agency of the person or persons in question. By the
indirect and unimmediate, those which apply to any
other person or persons.
1. The direct may be thus enumerated and
distingished: 1st. simple inhibition, or say prohibition,
or interdiction. This is the legislative remedy, already
administered by the placing giving to the supposed mischievous act a place in thecalendar of offences.
2. Imposition of the obligation of making satisfaction
for the evil produced by the act interdicted.
3. Punishment to wit evil, to be eventually applied to produced and
inflicted on the evil doer, who as such is considered
as a wrong doer, independently in consideration
of the evil so produced by him, independently of
such evil as will be produced on his part by the
obligation of rendering satisfaction as above.
As a means of repression, punishment may
accordingly be employed either – 1st in lieu of the
obligation of making satisfaction, of 2dly over and
above the obligation of making satisfaction.
Cases where, if repression be endeavoured at,
punishment can not but be employed in lieu of
the obligation of making satisfaction, are – 1st all cases
which do not present to view any individual
specially injured: and individual on whom, who in
consequence of the misdeed is affected by any evil is sustained
more than is sustained any other individual is.
Case
Identifier: | JB/068/317/001 "JB/" can not be assigned to a declared number type with value 68.
|
|||
---|---|---|---|
1825-08-25 |
not numbered |
||
068 |
penal code |
||
317 |
penal code |
||
001 |
[[titles::ch. [ ] remedies to delinquency and its effects]] |
||
copy/fair copy sheet |
1 |
||
recto |
e4 |
||
john flowerdew colls |
|||
22512 |
|||