JB/141/002/003

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7

Laying out of the above case the supposed
antecedent evil, you have no longer an act of
vengeance, but an act performed for it the
mere gratification of antipathy. – But by the
supposition having for its author or agent, the
legislator or the Judge it is still not the less
an act of punishment.

Of the cases in which the act productive
of the evil intentionally produced by the hand of
power is termed an act of punishment, the most
common class is that which is composed of those
in which on the part of the agent the evil thus
produced is, though intentional and even directly
intentional, yet not ultimately, but only mediately
intentional.

In this case the ultimately intentional
object – the object in relation to which the
act of punishment is intended to minister in
the character of a means to an end, may be
either an act of the negative or the positive[1] cast.

When the act to which the punishment is
annexed is of the positive cast, the ultimately
intentional object aimed at by the act of
punishment is of the opposite cast: and so when
the offence is negative the result the production
of which is aimed at by the punishment is positive.

(1) Note—To him who would understand what he hears
or what he says – Positive and Negative are adjuncts
the use of which is not more necessary in Electricity and
Galvanism than in law and especially in penal law.
See

Identifier: | JB/141/002/003 "JB/" can not be assigned to a declared number type with value 141.
Date_1		Marginal Summary Numbering
Box	141	Main Headings	rationale of punishment
Folio number	002	Info in main headings field
Image	003	Titles
Category	copy/fair copy sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f6 / f6 / f7 / f5
Penner	richard smith	Watermarks	[[watermarks::dusautoy & rump 1809 [britannia with shield emblem]]]
Marginals		Paper Producer	edward collins
Corrections		Paper Produced in Year	1809
Notes public		ID Number	48219
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