★ Find a new page to transcribe in our list of Untranscribed Manuscripts
No edit summary |
No edit summary |
||
| Line 3: | Line 3: | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
Ends | <note>Ends | ||
C | C</note> | ||
<head>Of the [purposes] of Procedure</head> | <head>Of the [purposes] of Procedure</head> | ||
<p>to depend, as it has almost always hitherto been<lb/> | <p>to depend, as it has almost always hitherto been<lb/> | ||
made to depend upon the pecuniary solvency of the | made to depend upon the <del><gap/></del> <add>pecuniary solvency</add> of the offender.<lb/> For <add>in general</add> the longer the delay is, the longer time<lb/> | ||
there is given for the <hi rend="underline">assets</hi> to be consumed.<lb/> | |||
there is given for the assets to be consumed.<lb/> | If there be any exception to this rule, <add>three <gap/></add> <del><gap/><lb/> in the case</del> circumstances must concur to form it:<lb/> | ||
If there be any exception to this rule, | the assets must <add>consist solely </add> in the growing produce of the<lb/> | ||
circumstances must concur to form it:<lb/> | offenders' labour: the punishment must be such<lb/> | ||
the assets must consist solely in the growing produce of the<lb/> | as <sic>admitts</sic> of his carrying on that labour: and<lb/> | ||
offenders' | |||
as | |||
means must be provided for compelling him<lb/> | means must be provided for compelling him<lb/> | ||
so to do.<lb/></p> | so to do.<lb/></p> | ||
<note>6. In case of | <note>6. In case of innocence,<lb/> ground- | ||
less<lb/> punishment.</note> | |||
less punishment.</note> | |||
20 | 20 | ||
<p>6. The case is much worse where the party | <p>6. The case is much worse where the party<lb/> | ||
suspected and prosecuted actually turns out to | suspected and prosecuted actually turns out to<lb/> | ||
be innocent. In this case the additional quantity of | be innocent. In this case the <del>punishment is</del> <add>additional quantity of</add><lb/> | ||
suffering produced by the delay is | <add>suffering produced by the delay is</add><lb/> | ||
not only superfluous, but fundamentally | not only superfluous, but fundamentally unjust<lb/> <add>and <hi rend="underline">groundless</hi>.</add> <del><gap/></del> It is not only in itself<lb/> | ||
an evil, as is the case when it is simply<lb/> | |||
an evil, as is the case when it is simply | superfluous: but it is pernicious in its consequences:<lb/> pernicious in virtue of the alarm which<lb/> | ||
superfluous: but it is pernicious in its | it inspires: similar to the alarm which is<lb/> | ||
it inspires: similar to the alarm which is | |||
propagated by a crime.</p> | propagated by a crime.</p> | ||
<p>Refer this to | <p>Refer this to simple <gap/> 6. <add>unequal punishment of persons <add> innocent</add> — Difference between<lb/> | ||
Difference between alarm of an unjust .. | Difference between <add>alarm of an</add> unjust punishment. <foreign>dolo, culpa per infortunium</foreign>. This will come in after the ways in which the<lb/> | ||
Judge may fail have been considered.</p> | Judge may fail have been considered.</p> | ||
Ends C Of the [purposes] of Procedure
to depend, as it has almost always hitherto been
made to depend upon the pecuniary solvency of the offender.
For in general the longer the delay is, the longer time
there is given for the assets to be consumed.
If there be any exception to this rule, three
in the case circumstances must concur to form it:
the assets must consist solely in the growing produce of the
offenders' labour: the punishment must be such
as admitts of his carrying on that labour: and
means must be provided for compelling him
so to do.
6. In case of innocence,
ground-
less
punishment.
20
6. The case is much worse where the party
suspected and prosecuted actually turns out to
be innocent. In this case the punishment is additional quantity of
suffering produced by the delay is
not only superfluous, but fundamentally unjust
and groundless. It is not only in itself
an evil, as is the case when it is simply
superfluous: but it is pernicious in its consequences:
pernicious in virtue of the alarm which
it inspires: similar to the alarm which is
propagated by a crime.
Refer this to simple 6. unequal punishment of persons <add> innocent — Difference between
Difference between alarm of an unjust punishment. dolo, culpa per infortunium. This will come in after the ways in which the
Judge may fail have been considered.
This Page Has Not Been Transcribed Yet
|
Identifier: | JB/051/316/002"JB/" can not be assigned to a declared number type with value 51. |
|||
|---|---|---|---|
|
19-24, 1-3 |
|||
|
051 |
evidence; procedure code |
||
|
316 |
of the purposes of procedure |
||
|
002 |
|||
|
text sheet |
4 |
||
|
recto |
f17 / f18 / f19 / f20 |
||
|
jeremy bentham |
[[watermarks::r williams [britannia with shield motif]]] |
||
|
c. hamilton |
|||
|
16481 |
|||
