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<p>(a) Howsoever it may be <del>in other countries <add>codes</add></del> to the legislators<lb/> | |||
of other countries, to the English legislator a caution <add>an intimation <unclear>concerning</unclear></add><lb/> | |||
of this sort can not be accused of being superfluous.</p> | |||
<p>Take for <add>here an</add> example: Offence, a personal injury: party injured<lb/> | |||
a Clergyman. Remedies – 1. <del>As</del> satisfaction in a<lb/> | |||
pecuniary shape, by court action in a civil court <add>judicatory</add>: 2. punishment<lb/> | |||
by indictment <del>is information</del>, in a criminal judicatory.<lb/> | |||
3. punishment by information in a criminal judicatory<lb/> | |||
<del>-dicatory</del> <add><unclear>difficulty</unclear> <unclear>constituents</unclear></add> – 4. punishment under another name for the special<lb/> | |||
purpose of <hi rend="underline">reformation</hi>, <add>correction</add> <hi rend="underline"><unclear>per salutæ animae</unclear></hi> as the pleasure<lb/> | |||
is: punishment under <add><del>the</del></add> another name, <add>viz</add> <hi rend="underline">correction</hi>, administered<lb/> | |||
in an ecclesiastical judicatory. 5. punishment<lb/> | |||
in a different shape, administered in a civil or criminal<lb/> | |||
court in virtue of a statute made on purpose: – and of<lb/> | |||
these <del>Nat but five</del> <add>five</add> remedies the <del>two</del> <add>three</add> first have place on behalf<lb/> | |||
of persons of all sorts.</p> | |||
<p>Nay but says the defender <add>a somebody</add> general if one of these<lb/> | |||
remedies is resorted to, another will not be administered: all<lb/> | |||
that the <add>a</add> party injured gets by the abundance is <add>the advantage of taking</add> his choice.</p> | |||
<p><add>As to the remedy itself</add> True to a certain extent though <add>but</add> not compleatly. But<lb/> | |||
as to the party <del>the litigation this may</del> <add>the litigation</add> by which the remedies<lb/> | |||
are demanded, these <add>at any rate</add> a man may have as many of as<lb/> | |||
he has remedies to choose out of <del>loading laying in</del> <add>laying on his adversary, in and by</add> each such<lb/> | |||
uncompensated load of costs: a load so great, that if<lb/> | |||
an account were taken of the several instances in which<lb/> | |||
for an offence of this description punishment has been administered <add>inflicted</add>,<lb/> | |||
it would probably be found that <add>the sum of</add> the burthen held <add>imposed</add><lb/> | |||
under the name of punishment in name but the guilty would<lb/> | |||
not be equal to the sum of the burthens which being imposed<lb/> | |||
under the name of costs fall upon a man indeed in case of his<lb/> | |||
being guilty, but fall upon him likewise in the case of his being innocent, and with nearly equal weight.</p> | |||
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(a) Howsoever it may be in other countries codes to the legislators
of other countries, to the English legislator a caution an intimation concerning
of this sort can not be accused of being superfluous.
Take for here an example: Offence, a personal injury: party injured
a Clergyman. Remedies – 1. As satisfaction in a
pecuniary shape, by court action in a civil court judicatory: 2. punishment
by indictment is information, in a criminal judicatory.
3. punishment by information in a criminal judicatory
-dicatory difficulty constituents – 4. punishment under another name for the special
purpose of reformation, correction per salutæ animae as the pleasure
is: punishment under the another name, viz correction, administered
in an ecclesiastical judicatory. 5. punishment
in a different shape, administered in a civil or criminal
court in virtue of a statute made on purpose: – and of
these Nat but five five remedies the two three first have place on behalf
of persons of all sorts.
Nay but says the defender a somebody general if one of these
remedies is resorted to, another will not be administered: all
that the a party injured gets by the abundance is the advantage of taking his choice.
As to the remedy itself True to a certain extent though but not compleatly. But
as to the party the litigation this may the litigation by which the remedies
are demanded, these at any rate a man may have as many of as
he has remedies to choose out of loading laying in laying on his adversary, in and by each such
uncompensated load of costs: a load so great, that if
an account were taken of the several instances in which
for an offence of this description punishment has been administered inflicted,
it would probably be found that the sum of the burthen held imposed
under the name of punishment in name but the guilty would
not be equal to the sum of the burthens which being imposed
under the name of costs fall upon a man indeed in case of his
being guilty, but fall upon him likewise in the case of his being innocent, and with nearly equal weight.
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Identifier: | JB/159/069/001"JB/" can not be assigned to a declared number type with value 159. |
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1811-03 |
71a or 5a |
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159 |
punishment |
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069 |
punishment |
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001 |
note 1(a) |
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text sheet |
1 |
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recto |
c2 / d33 / e33 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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53892 |
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