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Punishment in alienam personam Random Punishmt
1. In case of Forfeiture
to the prejudice of
an Alience
2. in case of a
Deodand
fraudulent conveyance of immoveable property is much
moreless obnoxious to such a fraud than immoveable.
With all this the Author of the Commentaries is
prefectly well satisfied. "This may be hard", he says,
"upon such as have unwarily engaged with the offender:" 4 Comm.379
But what of that? "the cruelty and reproach"
continues he, "Must he on the part, not of the Law
"but of the criminal: who has thus knowingly and dishonestly
"involved others in his own calamities." To thisone
who will allow themselveswho can to reason in this manner, nothing
that is established can come amiss. So long as
there is the least particle of guilt not only in him who
is punished but in any one else, no Law [by which
punishment is inflicted] can be cruel, no Law deserving
of reproach. In such case all personal regardsTo the great interests of society thus deeply at state should
all individual regards should yield.yield. It is but too obvious nor ought it to be dissembled,
that so long as this unguarded passage is permitted
to stand in a book of that authority, no tyranttyranny
need wish for a compleater justification
TheAn other instance of random punishment is that
of Deodands.
I amYou are a Farmer. Your and my may have occasion
to employ a Waggon. I and my You and your son to drive it: he
slips down, is run over and killed. The King or somebody
in his name is to have myyour Waggon. This is the
consolation which the Law of England gives me for myyou for your loss.
The idea might be improved upon. Let it be a Law
that when a man happens to break his neck, the people
of his parish shall draw lots who shall be hanged to keep
him company. The punishment would be greater, but the reason
Identifier: | JB/141/141/003 "JB/" can not be assigned to a declared number type with value 141.
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rationale of punishment |
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141 |
punishment in alienam personam |
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003 |
random punishment |
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text sheet |
4 |
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recto |
[[page_numbering::f45 / f46 / f47 / [number deleted]]] |
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jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
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caroline vernon |
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48358 |
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