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<p>12.</p> | |||
<p>C<lb/> | |||
<head>Forfeiture of Reputation.</head></p> | |||
<p>leads us to enquire into the different measures of infamy<lb/> | |||
that stand naturally annext to the several modes of punishment;<lb/> | |||
and in the course of this enquiry we shall<lb/> | |||
find reason to distinguish certain punishments from the<lb/> | |||
rest by the special epithet of <del>infamous, ignominious</del> <add>infamous.</add></p> | |||
<p>A certain degree of infamy or disrepute we have<lb/> | |||
already remarked is what necessarily attends on every<lb/> | |||
kind of political punishment. But there are some that<lb/> | |||
reflect a much larger portion of infamy than others.<hi rend="superscript">(a)</hi> These<lb/> | |||
therefore it is plain are the only ones which can be stated<lb/> | |||
properly by that name.<lb/> | |||
<add>Upon</add></p> | |||
<p><head>Note.</head></p> | |||
<p><hi rend="superscript">(a)</hi> Aware of this circumstance, the Roman Lawyers have<lb/> | |||
taken a distinction between the <hi rend="underline">infamia facti</hi> and the <hi rend="underline">infamia<lb/> | |||
juris</hi>: the natural Infamy resulting from the offence,<lb/> | |||
and the artificial infamy produced through the means of<lb/> | |||
the punishment by the Law. See Heinecc: Elementa Jur. Civil:<lb/> | |||
Pand. L.3. Tit.2. §.399 whose explanation however is not<lb/> | |||
very precise.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
12.
C
Forfeiture of Reputation.
leads us to enquire into the different measures of infamy
that stand naturally annext to the several modes of punishment;
and in the course of this enquiry we shall
find reason to distinguish certain punishments from the
rest by the special epithet of infamous, ignominious infamous.
A certain degree of infamy or disrepute we have
already remarked is what necessarily attends on every
kind of political punishment. But there are some that
reflect a much larger portion of infamy than others.(a) These
therefore it is plain are the only ones which can be stated
properly by that name.
Upon
Note.
(a) Aware of this circumstance, the Roman Lawyers have
taken a distinction between the infamia facti and the infamia
juris: the natural Infamy resulting from the offence,
and the artificial infamy produced through the means of
the punishment by the Law. See Heinecc: Elementa Jur. Civil:
Pand. L.3. Tit.2. §.399 whose explanation however is not
very precise.
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Identifier: | JB/141/107/004"JB/" can not be assigned to a declared number type with value 141. |
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14 |
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141 |
rationale of punishment |
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107 |
forfeiture of reputation |
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004 |
note |
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copy/fair copy sheet |
2 |
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recto |
f13 / f14 |
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myears |
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caroline fox |
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48324 |
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