★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
2)
Difference between apparent punishment and real.
punishment which is in fact provided for an offence,
the mischief of the punishment that is till they
actually undergo it the danger of such punishment
is torture as far as they are concerned as great as it can be: the
benefit is nothing.
Delinquents [may will happen to] know nothing of the
punishment that is provided for them on two accounts in either of
two cases. First, where the will command or resolution of him from whose by whose
will appointment the punishment is to originate ensue has been
never utter'd: 2dly When tho' utter'd it has
never been forwarded to their notice. The latter
[of these] may be the case where the punishment is
appointed in the way of Statute, or as it is called
Written, Law. The former must have been the happened
case in all new cases where the way punishment is appointed
in the way of Common, or as it is called
Unwritten, Law. This would afford an
ample field to expatiate on, which comes not at
present within our province.
Here again must be taken a distinction between
the punishment actually eventually inflicted and that associated
by the Legislator of the Magistrate. By the Legislator
& Magistrate in the case of Statute Law: by the Magistrate
in the case of Common Law. The one
may be called the real punishment denounced: the
other the real punishment inflicted. To produce the
appearance of punishment [in such a case] that is to
|
Identifier: | JB/159/109/002 "JB/" can not be assigned to a declared number type with value 159.
|
|||
|---|---|---|---|
|
not numbered |
|||
|
159 |
punishment |
||
|
109 |
difference between apparent punishment and real |
||
|
002 |
|||
|
text sheet |
4 |
||
|
recto |
f1 / f2 / f3 / f4 |
||
|
jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
||
|
caroline vernon |
|||
|
53932 |
|||