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<p>1823. April<lb/> | |||
<!-- pencil --><head>Constitut. Code</head></p> | |||
<p><del>Rules 1. assignable: 2. denomination of punishment</del></p> | |||
<p><hi rend="underline">Malefactor</hi> a name for <gap/></p> | |||
<p><gap/> <gap/> punished.<lb/> | |||
Enter whether is or is not evil <gap/>&c as well as punishable | |||
</p> | |||
<p>Rules for modifying the quantum of punishment</p> | |||
<p>I. Rules <del>augmentation</del> tending to augmentation</p> | |||
<p>1. In no case have <add>a</add> the evil doer any <del>proof</del> net profit from his<lb/> | |||
evil-doing.</p> | |||
<p>2. In adjusting the quantum of punishment, have regard to<lb/> | |||
all the several <del><gap/></del> articles in the list of aggravative circumstances<lb/> | |||
– circumstances aggravative either the evil of the offence,<lb/> | |||
or on any other score the demand for punishment. See whether<lb/> | |||
any, and if any which of them have <add>had</add> place in the case.</p> | |||
<p>3. In no case suffer anticonscientious <del><gap/></del> pursuit <add>or practice</add> to go unpunished:<lb/> | |||
whether principal or incidental</p> | |||
<p>4. – whether at the commencement the party were in the wrong<lb/> | |||
or in the right: for, by a man whose demand is just, anticonsciousness<lb/> | |||
may have been manifested by the practice employed in the pursuit<lb/> | |||
<del><gap/></del> <add>of it</add>. In particular if the anticonsciousness be accompanied with mendacity. In which case if there be<lb/> | |||
sufficient evidence punishment<lb/> | |||
may be inflicted<lb/> | |||
without the formality of<lb/> | |||
a <add>separate</add> such a purpose.</p> | |||
<p>II. Rules <del><gap/> <gap/></del> tending to domination</p> | |||
<p>1. To the account of punishment, place every pecuniary <add>loss</add> privation<lb/> | |||
or other hardship produced on the part of the injurer, by compensation<lb/> | |||
afforded at his expence to the inju<hi rend="underline">ree</hi>.</p> | |||
<p>2. So, every suffering produced on his part by means of the<lb/> | |||
pursuit, whether by pecuniary expence, or by loss of time<lb/> | |||
or vexation in any other determinate shape.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} |
1823. April
Constitut. Code
Rules 1. assignable: 2. denomination of punishment
Malefactor a name for
punished.
Enter whether is or is not evil &c as well as punishable
Rules for modifying the quantum of punishment
I. Rules augmentation tending to augmentation
1. In no case have a the evil doer any proof net profit from his
evil-doing.
2. In adjusting the quantum of punishment, have regard to
all the several articles in the list of aggravative circumstances
– circumstances aggravative either the evil of the offence,
or on any other score the demand for punishment. See whether
any, and if any which of them have had place in the case.
3. In no case suffer anticonscientious pursuit or practice to go unpunished:
whether principal or incidental
4. – whether at the commencement the party were in the wrong
or in the right: for, by a man whose demand is just, anticonsciousness
may have been manifested by the practice employed in the pursuit
of it. In particular if the anticonsciousness be accompanied with mendacity. In which case if there be
sufficient evidence punishment
may be inflicted
without the formality of
a separate such a purpose.
II. Rules tending to domination
1. To the account of punishment, place every pecuniary loss privation
or other hardship produced on the part of the injurer, by compensation
afforded at his expence to the injuree.
2. So, every suffering produced on his part by means of the
pursuit, whether by pecuniary expence, or by loss of time
or vexation in any other determinate shape.
Identifier: | JB/037/381/001"JB/" can not be assigned to a declared number type with value 37. |
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1823-04 |
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037 |
constitutional code; penal code |
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381 |
penal or constitut. code |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
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11596 |
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