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C
Of Exemptions from Punishment Reasons
Quest. 1
Why physical compulsion is made a
ground of exemption?
Reasons
1. Because punishment must in this case be
inefficacious. A man can not help doing the The act is what in the circumstances
that accompany it, the party (by the supposition)
can not by any means avoid performing.
Punishment therefore, if any were applied to him See Cases un Introd. Ch. [Cases unmeet &c]
would only be so much misery in waste. I
2. Because it is needless must would be unprofitable.
It is always in itself a mischief: and in this
case it would prevent none. It would be but so
much misery in waste. See Introd. Ch. [Cases unmeet &c]
3. Because it is needless
Question II
Why Insanity at the time of the act is made
a ground of exemption?
Reasons
1. Because punishment must in such case be
inefficacious. This by the supposition. The party's
not being in such a condition as manifests the impossibility of his being under the influence of a distant punishment
like that of the law, is the very circumstance
which for this purpose is made the test
of his insanity. If he is not in such a condition,
the reason fails. See Introd. Ch. [Cases unmeet &c]
Identifier: | JB/098/010/001 "JB/" can not be assigned to a declared number type with value 98.
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penal code |
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of exemptions from punishment reasons |
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jeremy bentham |
[[watermarks::r williams [britannia with shield motif]]] |
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c. hamilton |
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