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The class of Penal Laws is therefore
an anomalous class formed out of
the subjects of the three or more according as the subject is divided other classes
whose distinctive characteristic
is the extraordinary magnitude
of it's sanctions and the adjustment
of that sanction to the
end proposed by it is the distinctive
object of a treatise on this
subject subject.
what has been said perspicuous, I shall
produce instances of all three.
Praemial Laws are Penal. By 17. G. 2. c. 5. A special Penalty is actually appointd
for not paying a reward (the persons to reward being of low condition)
viz. Overseers of the Poor — The consideration of the
reward is the apprehending Vagrants.
To know whether an act is to be called a Crime or no,
Lawyers have a method of their own which is curious.
It depends not say they according to them, upon the quantity nor the
quality of the mischief flowing from the act, but upon the manner
in which men happen to record it. I have beat a
Whatsoever a man did a Month ago, depends upon what another man will do a Month hence. My neighbour and I says a man to his Lawyer happen'd
tother day to have a quarrel — I had the misfortune to give him
a blow or two He vows to prosecute me — What will the Law say of it? Is it a Crime?
In short it depends upon who you pay your money to if you are cast. I can't tell you yet, replies the Lawyer — sit still a while
and you will see — that's just as he happens to be advised:
If he only brings an action against you, it's no crime, what you pay your money
will go only goes to him: If he indicts you, there is no help for it, it's
serious, your money goes to the King.
Criminal may be entred on first without inconvenience. The Criminal Jurisprudence suppos
concerning possessions supposes a distribution already made of them by the Civil Jurisprudence
nor is there any inconvenience in such a supposition; because in whatsoever manner that
distribution shall have been made, the Criminal Jurisprudence will be the same: nor
therefore is it necessary in considering the latter, that we should know what is the distribution
made by the former; but only that there is one.
What is here said concerning distribution includes Transmission both natural &
voluntary, which are nothing but continuances of original distribution.
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Identifier: | JB/096/102/001 "JB/" can not be assigned to a declared number type with value 96.
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096 |
legislation |
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102 |
introduct. criminal & civil all laws penal |
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001 |
praemial laws are penal |
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4 |
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recto |
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jeremy bentham |
[[watermarks::[gr with crown] propatria [britannia motif]]] |
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31106 |
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