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1823 Decr 30
Non Penal and Penal CodeForm
§. Terminology
In virtue and by means of that same standing
and all comprehensive service, the supreme rulers have
given the name of wrong and the names quality and
consequence of an offence, to every act by which any
such right is understood to have been broken, infringed,
violated, invaded. Giving to it the name of an offence,
they have made provision of pain under the name punishment together with other
means of repression for the purpose of preventing the doing commission
of it or lessening reducing as far as may be the number of
instances in which it shall be committed have been done.
Punishment in a certain shape is of the essence
of the law in every imaginable distinguishable branch of it: for, if you take away the idea
of punishment in every shape you take away the idea
of law: no punishment no law. To define and appoint the
several added or substituted modes of punishment which are it is endeavoured to
render attach as the consequence of so many different sorts of offences is
an operation the result of which belongs to the penal
branch of the law.
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