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as free from figurative language as possible the functions | as free from figurative language as possible the functions | ||
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of a criminal Judge are <add><del><gap/></del></add> to <add>[+]</add> <note><add>[+]</add> make a proper application of the two great | of a criminal Judge are <add><del><gap/></del></add> to <add>[+]</add> <note><add>[+]</add> make a proper application of the two great engines given him to work with, <add><gap/></add> co-ercion including punishment and compensation: to</note> <add><gap/> co-ercion</add> cause <del>punishment</del> to be applied | ||
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to Offenders , and to Offenders only:[compensation | to Offenders, and to Offenders only:[compensation | ||
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where the case admits of it to parties <add>damnified ,</add> <del | where the case admits of it to parties <add>damnified,</add> <del>grieved</del>; and to | ||
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them only.]<!-- opening and closing brackets in pencil --> <add>(a)</add> <add>To p.17. at top</add><!-- addition in red --> | them only.]<!-- opening and closing brackets in pencil --> <add>(a)</add> <add>To p.17. at top</add><!-- addition in red --> | ||
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<head>11</head><!-- centred --> | <head>11</head><!-- centred --> | ||
<p><!-- indented --><note>2<!-- '2' in red --> Justice may be perverted. 1. By impeding its use. 2. By promoting its abuse .</note> There are two ways in one or other of which if | <p><!-- indented --><note>2<!-- '2' in red --> Justice may be perverted. 1. By impeding its use. 2. By promoting its abuse.</note> There are two ways in one or other of which if | ||
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at all the purposes of Justice <add>must</add> <del>may</del> be counteracted. | at all the purposes of Justice <add>must</add> <del>may</del> be counteracted. | ||
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1. By preventing it from attaining the beneficial ends | 1. By preventing it from attaining the beneficial ends | ||
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for which it was instituted ; 2.<hi rend='superscript'>ly</hi> By rendering it subservient | for which it was instituted; 2.<hi rend='superscript'>ly</hi> By rendering it subservient | ||
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to pernicious ends for which it was not instituted : | to pernicious ends for which it was not instituted: | ||
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by impeding the use of it or by promoting | by impeding the use of it or by promoting | ||
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<head>12</head><!-- centred --> | <head>12</head><!-- centred --> | ||
<p><!-- indented --><note>How the use of it may be impeded .</note> As to impeding the use of it , whatever can be done | <p><!-- indented --><note>How the use of it may be impeded.</note> As to impeding the use of it, whatever can be done | ||
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in this way is reducible to this one description : the preventing | in this way is reducible to this one description: the preventing | ||
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the Judge from discharging his functions in the manners | the Judge from discharging his functions in the manners | ||
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<head>13</head><!-- centred --> | <head>13</head><!-- centred --> | ||
<p><!-- indented --><note>Three things must concur in a Judge, the power - <add>the part of others</add><!-- addition in pencil --> the knowledge <add>his own part</add> & the Inclination .</note> To enable a man to discharge those functions in a proper | <p><!-- indented --><note>Three things must concur in a Judge, the power - <add>the part of others</add><!-- addition in pencil --> the knowledge <add>his own part</add> & the Inclination.</note> To enable a man to discharge those functions in a proper | ||
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manner , three things must concur , <add>a proper state of the mind in respect to</add> the k<hi rend='underline'>nowledge</hi> , <del>the</del> | manner, three things must concur, <add>a proper state of the mind in respect to</add> the k<hi rend='underline'>nowledge</hi>, <del>the</del> | ||
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<add>a <del><gap/> <gap/></del> suitable</add> i<hi rend='underline'>nclination</hi> and <add>a sufficient</add> <gap/> p<hi rend='underline'>ower</hi> . In any case let these three | <add>a <del><gap/> <gap/></del> suitable</add> i<hi rend='underline'>nclination</hi> and <add>a sufficient</add> <gap/> p<hi rend='underline'>ower</hi> . In any case let these three | ||
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<head>Note. <hi rend='superscript'>(a)</hi></head><!-- written as a heading, but on the same line as the beginning of the paragraph text (which follows next) --> <p>The business of a civil Judge goes <sic>farther</sic> or rather | |||
<head>Note. <hi rend='superscript'>(a)</hi></head><!-- written as a heading, but on the same line as the beginning of the paragraph text (which follows next) --> <p>The business of a civil Judge goes <sic>farther</sic> or rather begins<!-- unfinished word, follows on in the next folio (and having checked the word should be 'begins'). I cannot make out if the ndash has been deleted or not, because the folio is blurred and there appears to be a dark shadow beneath it, but I'm unsure whether the ndash has been crossed through (I don't think so), but please check and amend the mark up, if it is. Thanks. D. --> | |||
<lb/></p> | <lb/></p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
C 1.
Offences against Justice.
5
1 Business of penal justice in respect of co-ercion and compensation The business of penal Justice or to speak
as free from figurative language as possible the functions
of a criminal Judge are to [+] [+] make a proper application of the two great engines given him to work with, co-ercion including punishment and compensation: to co-ercion cause punishment to be applied
to Offenders, and to Offenders only:[compensation
where the case admits of it to parties damnified, grieved; and to
them only.] (a) To p.17. at top
11
2 Justice may be perverted. 1. By impeding its use. 2. By promoting its abuse. There are two ways in one or other of which if
at all the purposes of Justice must may be counteracted.
1. By preventing it from attaining the beneficial ends
for which it was instituted; 2.ly By rendering it subservient
to pernicious ends for which it was not instituted:
by impeding the use of it or by promoting
the abuse.
12
How the use of it may be impeded. As to impeding the use of it, whatever can be done
in this way is reducible to this one description: the preventing
the Judge from discharging his functions in the manners
requisite for the accomplishment of those purposes.
13
Three things must concur in a Judge, the power - the part of others the knowledge his own part & the Inclination. To enable a man to discharge those functions in a proper
manner, three things must concur, a proper state of the mind in respect to the knowledge, the
a suitable inclination and a sufficient power . In any case let these three
Note. (a)
The business of a civil Judge goes farther or rather begins
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Identifier: | JB/072/069/001"JB/" can not be assigned to a declared number type with value 72. |
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1-2 |
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072 |
penal code |
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069 |
offences against justice |
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001 |
note |
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copy/fair copy sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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[[watermarks::[gr with crown motif] pro patria [with motif]]] |
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23686 |
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