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Indirect Legislation
§ 6
Political
adapted to the fabrication of it, the fabrication of
act of fabricating those instruments, and so on.
It is against co-offenders that he makes provision,
when over and above the person who may have
been the immediate agent in an act of homicide
he punishes those any who may have taken part in
the suborning, encouraging assisting, advising or
instructing such immediate offender.
Secondly with regard to the determining the
choice of the offender to the least offence. The method of doing
this consists in the proportions established
between among the punishments that are [respectively applied] applied
to rival offences [which are liable to come in competition].
This has already been mentioned as an
object which ought to be kept in view in adjusting
the proportion between an offence and it's
punishment.⊞ ⊞ Ch. XIV. [Proportion] xi
Now
Now in order for two offences to come in competition
with each other two circumstances must concur:
they must be offences of the same motive,
and of the same opportunity: that is in other words they must
lead to the same end, or in other words be that is to the gratification of the
same
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jeremy bentham |
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