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<head>Punishment <foreign>in alienam | <head>Punishment <foreign>in alienam personam</foreign></head> <note>37<lb/> | ||
Ins:<hi rend="superscript">a</hi></note> | |||
<p>in direct repugnance to the interest of the community<lb/> | <p>in direct repugnance to the interest of the community<lb/> | ||
and the end of the institution: so <del>that it</del><add><del>of this possession trust</del></add><lb/> | and the end of the institution: so <del>that it</del><add><del>of this possession trust</del></add><lb/> | ||
<del>may be truly said</del> that, with reference to the<lb/> | <del>may be truly said</del> that, with reference to the<lb/> | ||
particular interest of the possessor<add>it may truly be said</add> it is of the<lb/> | particular interest of the possessor<add> it may truly be said,</add> it is of the<lb/> | ||
less value to him the more conscientiously he<lb/> | less value to him the more conscientiously he<lb/> | ||
discharges it. In truth I see not why with a<lb/> | discharges it. In truth I see not why with <del>a</del><lb/> | ||
respect to the possessor himself it ought to be<lb/> | respect to the possessor himself it ought to be<lb/> | ||
looked upon as any thing.</p> | looked upon as any thing.</p> | ||
<p>But the Legislature went | <p>But the Legislature went farther: besides incapacitating<lb/> | ||
the Electors there named, who were<lb/> | the Electors there named, who were<lb/> | ||
a majority, but not the whole, it went on and<lb/> | a majority, but not the whole, it went on and<lb/> | ||
communicated the right of election to<add>all the forty shilling Freeholders</add> <del>the inhabitants</del><lb/> | communicated the right of election to <add>all the forty shilling Freeholders</add> <del>the inhabitants</del><lb/> | ||
<del>of</del><add>within</add> a large district, of which the Borough<lb/> | <del>of</del> <add>within</add> a large district, of which the Borough<lb/> | ||
in question was but a part. In <add> | in question was but a part. In <add>doing <del>these</del></add> this<lb/> | ||
they lessen'd the right of <del>[those | they lessen'd the right of <del>[those Burghers who</del><lb/> | ||
<del>were not comprized wither<add>parties in the | <del>were not comprized wither<add>parties in the guilt, nor</add> the specific censure]</del><lb/> | ||
the innocent | the innocent Burghers who remained*. <note>Note<lb/>* <del>In a pecuniary point</del><lb/> | ||
The punishment, if any <lb/> | The punishment, if any <lb/> | ||
And as to that was thus inflicted<lb/> | And as to that was thus inflicted<lb/> | ||
on the innocent | on the innocent Burghers<lb/> | ||
consisted in the pain of <lb/> | consisted in the pain of <lb/> | ||
apprehension that among<lb/> | apprehension that among<lb/> | ||
| Line 29: | Line 30: | ||
be found some, and<lb/> | be found some, and<lb/> | ||
perhaps a majority of the<lb/> | perhaps a majority of the<lb/> | ||
whole who | whole who would <add>make</add> an<lb/> | ||
improper use of the<lb/> | improper use of the<lb/> | ||
power of which they<lb/> | power of which they<lb/> | ||
were made partakers</note> | were made partakers</note><lb/> | ||
such<add>part</add> of it, the measure, if it be to be considerd | such<add>part</add> of it, the measure, if it be to be <sic>considerd</sic><lb/> | ||
as a measure of punishment, must be allow'd<lb/> | as a measure of punishment, must be allow'd<lb/> | ||
to have been a punishment <hi rend="underline">in alienam | to have been a punishment <hi rend="underline">in alienam personas</hi><lb/> | ||
<sic>Considerd</sic> in this light, it was not expedient,<lb/> | |||
since it was not necessary: for the <del>qualit<gap/></del><add> | since it was not necessary: for the <del>qualit<gap/></del><add>innocent</add><lb/> | ||
not only could be but actually were distinguished<lb/> | not only could be but actually were distinguished<lb/> | ||
from the guilty. But <add>in</add> whatever <del>light</del><lb/> | from the guilty. But <add>in</add> whatever <del>light</del><lb/> | ||
<add>light</add> it may appear, consider'd with <add>reference</add> to the particular<lb/> | <add>light</add> it may appear, consider'd with <add>reference</add> to the particular <note>as applied in a retrospective <lb/>view</note><lb/> | ||
persons subjected to that trifling disadvantage, as<lb/> | persons subjected to that trifling disadvantage, as<lb/> | ||
a measure of reformation<add><del><gap/> and beginning</del></add> <del>[in a great constitutional</del> <lb/> | a measure of reformation<add><del><gap/> and beginning</del></add> <del>[in a great constitutional</del> <lb/> | ||
<del>line</del>,] it can not be too highly praised. It stands <add>as</add></p><pb/> | <del>line</del>,] it can not be too highly praised. It stands <add>as</add></p><pb/> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
Punishment in alienam personam 37
Ins:a
in direct repugnance to the interest of the community
and the end of the institution: so that itof this possession trust
may be truly said that, with reference to the
particular interest of the possessor it may truly be said, it is of the
less value to him the more conscientiously he
discharges it. In truth I see not why with a
respect to the possessor himself it ought to be
looked upon as any thing.
But the Legislature went farther: besides incapacitating
the Electors there named, who were
a majority, but not the whole, it went on and
communicated the right of election to all the forty shilling Freeholders the inhabitants
of within a large district, of which the Borough
in question was but a part. In doing these this
they lessen'd the right of [those Burghers who
were not comprized witherparties in the guilt, nor the specific censure]
the innocent Burghers who remained*. Note
* In a pecuniary point
The punishment, if any
And as to that was thus inflicted
on the innocent Burghers
consisted in the pain of
apprehension that among
the new Electors would
be found some, and
perhaps a majority of the
whole who would make an
improper use of the
power of which they
were made partakers
suchpart of it, the measure, if it be to be considerd
as a measure of punishment, must be allow'd
to have been a punishment in alienam personas
Considerd in this light, it was not expedient,
since it was not necessary: for the qualitinnocent
not only could be but actually were distinguished
from the guilty. But in whatever light
light it may appear, consider'd with reference to the particular as applied in a retrospective
view
persons subjected to that trifling disadvantage, as
a measure of reformation and beginning [in a great constitutional
line,] it can not be too highly praised. It stands as
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Identifier: | JB/141/139/001"JB/" can not be assigned to a declared number type with value 141. |
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not numbered |
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141 |
rationale of punishment |
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139 |
punishment in alienam personam |
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001 |
note / deodands / bail |
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text sheet |
4 |
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recto |
f39 / f40 / f41 / f42 |
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|
jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
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|
caroline vernon |
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48356 |
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