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1830 April 16
Nomography Penal CodeMethod
Order of procedure
Now suppose that in Part II Offences severally
considered the Class of Offences first brought to view had
been the Class of Public Offences – what would have been the
consequence? Answer, this these. No sufficient ground in
point of utility and reason could have been given for numbering
the act in question among acts of delinquency – for subjecting
the agent to the several painful obligations to which he will
be subjected by the application of the several Remedies (originally privation
suppression, satisfaction and subsequentivelly prevention – viz – punitive)
otherwise than by without showing it to be eventually productive of the
evil produced by one or more of the species sorts of acts contained
in the list of Private Offences.
An Offence the tendency of which is to produce war –
belongs to the class of Public Offences and not without reason is marked out for
punishment. Why? for what reason? Answer. For this reason:
namely that it has a tendency to produce to an extent
Offences of the nature of those produced by Offences of the Private
class. Homicide in the instance person of human beings by dozens of
thousands, scores of thousands, and hundreds of thousands, and
so sufferings produced by all the other Offences affecting person, and
by all the Offences or at any rate the worst offences of belonging to the number
of those affecting property.
Behold here Here then may be seen the practical use of this order in the
scale of procedure. By commencing with those offences in the
instance of which the sensible evil produced presents itself
immediately to view, the mind of the legislator is pointed to the consideration
what good he is producing by that immediate coercion and
eventual punishment which are among the inseparable
accompaniments or effects of whatever he does – of whatever
step he takes in his appropriate course.
Identifier: | JB/549/220/001 "JB/" can not be assigned to a declared number type with value 549.
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1830-04-16 |
11-13 |
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549 |
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220 |
Nomography. Penal Code |
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001 |
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Text sheet |
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Jeremy Bentham |
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