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<note>10</note> | <note>10</note> | ||
<head>Punishment - whether defeasible by Death</head> | <head>Punishment - whether defeasible by Death</head> | ||
<p><add>From p.7. at bottom</add> The Law of England has been more liberal | <p><add>From p.7. at bottom</add> The Law of England has been more liberal in<lb/> | ||
<note>Imperfection of the English Law in this behalf.</note> [<add><del>extending the remedy</del></add> the remed<del>ys</del><add>ies</add> it has given] <hi rend="underline">to</hi> the Heir of the <add>party</add> injured<lb/> | <note>Imperfection of the English Law in this behalf.</note> [<add><del>extending the remedy</del></add> the remed<del>ys</del><add>ies</add> it has given] <hi rend="underline">to</hi> the Heir of the <add>party</add> injured<lb/> | ||
than in [<add><del>extending it</del></add> | than in [those which <add><del>extending it</del></add> it has given] against the Heir<lb/> | ||
of [<del>the</del><add>a</add>] wrong-doer. It <del>extends</del><add>gives</add> it to the Heir in all<lb/> | of [<del>the</del><add>a</add>] wrong-doer. It <del>extends</del><add>gives</add> it to the Heir in all<lb/> | ||
cases as it should seem, of injuries done to the<lb/> | cases as it should seem, of injuries done to the<lb/> | ||
<hi rend="underline">property</hi> <del>to the property</del> of the Ancestor <del>but not</del><lb/> | <hi rend="underline">property</hi> <del>to the property</del> of the Ancestor <del>but not</del><lb/> | ||
It denies it however in the case of injuries to the<lb/> | It denies it however in the case of injuries to the<lb/> | ||
<note>+, Comyer's Dig. 262</note | person <hi rend="superscript">+</hi> <note>+, Comyer's Dig. 262</note> <gap/>; be they ever so atrocious; and probably<lb/> | ||
in the case of injuries to the reputation. This<lb/> | in the case of injuries to the reputation. This<lb/> | ||
<del>negligence</del><add>omission</add> leaves [<del>the | <del>negligence</del><add>omission</add> leaves [<del>the door</del>]<add>an</add> open <del>a</del> door to the most<lb/> | ||
crying evils. Age and <del>imbecility</del><add>infirmity </add> which ought<lb/> | crying evils. Age and <del>imbecility</del><add>infirmity </add> which ought<lb/> | ||
if [there be] any difference<add>be made</add> to receive a more signal<lb/> | if [there be] any difference<add>be made</add> to receive a more signal<lb/> | ||
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grave the greater is the probability that he may<lb/> | grave the greater is the probability that he may<lb/> | ||
be injured with impunity: since if the <del>present</del><lb/> | be injured with impunity: since if the <del>present</del><lb/> | ||
prosecution can be staved off during his life, the<lb/> | |||
remedy is gone.<add>[a]</add> The remedy by a criminal prosecution<lb/> | remedy is gone.<add>[a]</add> The remedy by a criminal prosecution<lb/> | ||
is <add>but</add> an inadequate <hi rend="underline" | is <add>but</add> an inadequate <hi rend="underline">succedanium</hi>. It extends<add>not</add></p> | ||
<head>NOTE</head> | <head>NOTE</head> | ||
<p>[a] A man may be kept <del> | <p>[a] A man may be kept <del>under Imprisonment</del> <add>in Gaol</add> and his fortune<lb/> | ||
ruined by it; and if he dies under the Imprisonment<lb/> | ruined by it; and if he dies under the Imprisonment<lb/> | ||
his family are without remedy. In <del>many</del> <add>some</add> cases the wrongdoer<lb/> | his family are without remedy. In <del>many</del> <add>some</add> cases the wrongdoer<lb/> | ||
may not even be punishable by a criminal prosecution.<lb/> | may not even be punishable by a criminal prosecution.<lb/> | ||
Or he may be maltreated in such a manner<lb/> | Or he may be maltreated in such a manner<lb/> | ||
as to contract a lingering distemper; < | as to contract a lingering distemper; <del>which</del> <add>such as</add> does not follow<lb/> | ||
from the injurious treatment with sufficient speed and <add>certainty</add></p><pb/> | from the injurious treatment with sufficient speed and <add>certainty</add></p><pb/> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
Click Here To Edit 10 Punishment - whether defeasible by Death
From p.7. at bottom The Law of England has been more liberal in
Imperfection of the English Law in this behalf. [extending the remedy the remedysies it has given] to the Heir of the party injured
than in [those which extending it it has given] against the Heir
of [thea] wrong-doer. It extendsgives it to the Heir in all
cases as it should seem, of injuries done to the
property to the property of the Ancestor but not
It denies it however in the case of injuries to the
person + +, Comyer's Dig. 262 ; be they ever so atrocious; and probably
in the case of injuries to the reputation. This
negligenceomission leaves [the door]an open a door to the most
crying evils. Age and imbecilityinfirmity which ought
if [there be] any differencebe made to receive a more signal
protection from the Law than the opposite conditions of life are exposed more particularly
to oppression. The nearer a man is to his
grave the greater is the probability that he may
be injured with impunity: since if the present
prosecution can be staved off during his life, the
remedy is gone.[a] The remedy by a criminal prosecution
is but an inadequate succedanium. It extendsnot
NOTE
[a] A man may be kept under Imprisonment in Gaol and his fortune
ruined by it; and if he dies under the Imprisonment
his family are without remedy. In many some cases the wrongdoer
may not even be punishable by a criminal prosecution.
Or he may be maltreated in such a manner
as to contract a lingering distemper; which such as does not follow
from the injurious treatment with sufficient speed and certainty
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Identifier: | JB/141/136/002"JB/" can not be assigned to a declared number type with value 141. |
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141 |
rationale of punishment |
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136 |
b 6 ch 4 sec 3 punishment whether defeasible by death |
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002 |
note |
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recto |
f9 / f10 / f11 / f12 |
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jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
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caroline vernon |
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48353 |
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