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6 March, 1811

this in the shape of Judge and law

Note 5(a)

(a) An exemplative of the opposite policy may be seen, throughout
the whole texture of the law of England. Under this law,
In the law of England it was in virtue of a
fundamental ruling and all comprehensive principle
the more mor mischievous the offence is considered as being
and the greater the quantum of punishment which in is in consequence applied to
it, the greater the care taken that of whatever such part
of the punishment as is in its nature applicable to the
purpose of lucrative satisfaction – for example pecuniary
forfeiture, no part shall be applied to that purpose.
The pocket to which it is destined is – not that of the
party injured, but that of the King by whom the no injury
has been sustained.

Further on we shall see will be seen examples of vicarious punishment
administered by the same law. Here are the example
we have is that of vicarious satisfaction. With the
most perfect complacency this substitution is held up
to view by Blackstone. Blackstone approving.

The cause of it is no secret. In the times in
which this arrangement took its rise place what was the end principal
of government? Filling the pockets of the sovereign. As
to the good of the community at large, whether in respect of justice or in any other respect, if in any respect degree
an object of regard it was at best but a secondary and subordinate
one. When Whenever the two objects interfered, the more extended extensive
one had no chance. A mark that is never
aimed at, what chance has it of being hit? a mark
that is never aimed at?

Representi Deputies of from the body of the people there were
none of the few individuals whose interests were armed coupled with
power sufficient to render them objects of regard the assemblies meetings were
short short lived and not frequent. Scarce any thing was done in the way of legislation.
Under the name and in the name of justice almost every thing that was done was
done in the way of judicature, by judi in the way of unwritten that is ex post facto law
by Judges placed by the King and displaceable by him at pleasure.

Identifier: | JB/159/071/001
"JB/" can not be assigned to a declared number type with value 159.



Marginal Summary Numbering

71a or 5a continued



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Folio number


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note 5(a)


text sheet

Number of Pages




Page Numbering

c3 / d35 / e35


jeremy bentham


th 1806


jeremy bentham

Paper Producer

andre morellet


Paper Produced in Year


Notes public

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