JB/068/371/002

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1827 June 7
Penal CodeII Remedies collectively
Punishment pecuniary

Deficiency is the side on which it is most natural
generally speaking and at that aberration should have place, most
natural probable and at the same time most mischievous: as to the question
why reasons have been already given.

The fixation is in each individual instance the operation
of the Judge: that of the form being the judicatory by which the fixation is
effected when compensation not punishment as the end to the attainment
of which it is directed. But various are the considerations
by which the aggregate force of which in this case the operation course taken by him is directed
from the line of rectitude.

1. First cause the vague generality clause in the
supposed security for good the Statute called the Rill of rights: that miserably scanty and
phantasmagoric supposed security against misrule: Example
fines ought not to be imposed.† † ☞ Consult the Act and copy the words.

2. By that or prostration debility of strength which the state of
Legislature and judicature has infused into the intellectual
part of the minds of those by whom the Public Opinion Tribunal
is composed, the idea of mercy is attached not to the
relative smalness of the ratio of the sum abstracted to the remainder of
from the party relation had to the remainder of his pecuniary means
but to the absolute quantum of of it, independently of any such
relation.

3. By sinister interest, by interest-begotten prejudice, by
authority-begotten prejudice the Judge is prompted urged to give act with
shew exercise undue favour to the relatively opulent in proportion to their opulence, to shew act with exercise
undue disfavour to the relatively unopulent in proportion to
their deficiency lowness in the scale of opulence. To both
these propositions at once indulgence is given by fixation of
the sum without taking the necessary means for ascertaining
the faculty of endurance as exhibited by the state of
the individual circumstances of the individual to whose delinquency
the lot of punishment in question is to be applied.

4. The By the operation of establishing a due proportion
between the net aggregate of a man's the convicts pecuniary circumstance assets
means and the relative proportion proposed to be abstracted
from them for the purpose
of punishment more time
would be necessary to be employed
than under the
existing system an English
Judge has either means or
motives for employing.

Identifier: | JB/068/371/002 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1827-06-07	Marginal Summary Numbering	7-8
Box	068	Main Headings	penal code
Folio number	371	Info in main headings field	penal code
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3 / c2
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1826
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1826
Notes public		ID Number	22566
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