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8 March 1811
Punishment. Ch.1. Definitions and Distinctions
§ 3. Evil mediately intentional Affines
27
Most common cases of
punishment, those in
which the evil is not
only ultimately but only mediately
intentional. p.10.
28.
In these cases ultimately
intentional, result
a negative or a positive act. p.10.
29.
Offence positive, object
of punishment negative,
and vice versa.
Positive & negative not
less important in law,
especially penal, than
in electricity & galvanism. p10
30.
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§ 3. Evil mediately intentional Affines
30
Affines to punishment
I –Where the offence is
positive.
1. Amendment or reformation
2. Disablement, relative
3. Determent (by example)
4. Self defence
5. Self-preservation.
6. Safe custody.
7. Restraint.
31
II – Where the offence
is negative
8.1. Compulsion or restraint
9.2. Torture.
10.3. Compensation
(satisfaction pecuniary
exaction of)
11.4. Taxation.
32
III – Whether the offence
be positive or negative.
12.1. Coercion.
13.2. Obligation.
14.3. Burthen imposition
of –
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§. 4. Uses of the distinction
33 or 1
Practical use of marking
out the distinction between
punishment and the
other purposes to which
its matter is applicable. p.13.
1. That having in his
eye all the several objects
legislator may make
due provision for each
viz. 1. sufficient, 2. not more p.13.
34 or 2.
2. – that where, for any
two or more, one lot of
evil may suffice more
may not be employed. p.13.
35 or 3.
3. – that in each instance
his view of the
means compared with
the end may be correct
and compleat enough
to judge of the prospect
of attaining the end. p.14
36 or 4.
4. – To guard him
against being misled
by a statement the rhetorical
artifice which
consists in substituting
to the name of the proper
object or result that of
some other the name of
which is more or less popular. p.14.
37. or 5
5. Lest by the means employed
one of these results
be not produced instead of
or beyond the intention
along with, another. p.14
Taxation – prohibition
means prevention
6. To guard him against
being misled by their names
so as to deem unfit to be named
a fit object or is a ,
or to set the attainment
of it at too high or two low
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§.4. Uses of this distinction
34(a) or 2(a) continued
1. Examples – Assault.
In self-defence, as much
punishment inflicted
on the offender by the party
injured as, had none
been so inflicted the
Judge would have deemed
proper for himself
to inflict: What is
enough for punishment
having thus been already
inflicted in self defence,
the Judge needs not
ought not to inflict
more. p 15
35(a) or 4(a)
1. Tendency to misapply
the word punishment
for rhetorical
purposes. p.16
36(a) or 4(a) cont.
2 By such application
proper or improper
whatever addition
may be made to the
disposition none is
made to the reason of
such disapproval. p.17.
37 or 5
1. Example vice prevention,
taxation with licence; vice contribution
through taxation, prevention
through prohibition.
2. For a parallel, purposes
to which matter
of reward is applicable.
3. Uses, the same
in that case.
4. Reason for economy,
matter of reward
(pecuniary especially
of which sort is the greatest
part) though not
itself evil has proportinable
evil for its
cause. p.18.
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Identifier: | JB/159/002/001 "JB/" can not be assigned to a declared number type with value 159.
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1811-03-08 |
27-32, 33 or 1 - 37 or 5, 34a or 2a, 36a or 4a |
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159 |
punishment |
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002 |
punishment ch. 1 definitions and distinctions |
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001 |
evil mediately intentional / uses of these distinctions |
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marginal summary sheet |
1 |
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recto |
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53825 |
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