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<p>1826. May 14<lb/> | |||
<head>Penal Code.</head> <note>Ch. XII Remedies</note></p> | |||
<p>No punishment but as a remedy<lb/> | |||
<del>no</del> magnitude proportioned to it.</p> | |||
<p>Application of Compensation<lb/> | |||
and Punishment to property<lb/> | |||
acquired after decree of<lb/> | |||
conviction and sentence?</p> | |||
<p><head>Ch. XII<lb/> | |||
<hi rend="underline">Remedies</hi><lb/> | |||
§. 1.</head></p> | |||
<p><del>Remedies</del> A mischievous <del>off</del> act <del><gap/></del> constituted<lb/> | |||
on that account, by <add>legal</add> prohibition and punishment as a<lb/> | |||
disease <add>or say a symptom of a disease</add> in the moral frame of the individual offender,<lb/> | |||
and thereby in the body politic</p> | |||
<p>These diseases taken in the aggregate have<lb/> | |||
their <hi rend="underline">remedies</hi></p> | |||
<p>Taken in the aggregate they are distinguishable <add>may be divided</add><lb/> | |||
into the species following</p> | |||
<p>1. Preventive</p> | |||
<p>2. <hi rend="underline">Sistitive</hi> <add>Suppressive</add> or say terminative <add>or <hi rend="underline">Suppressive</hi></add> applied to the individual<lb/> | |||
offence during its continuance.</p> | |||
<p>3. <hi rend="underline">Satisfactive</hi>, which while <add>in the character of a benefit</add> they contribute to heal the wound<lb/> | |||
produced in the individual wronged, in the character of a<lb/> | |||
burthen felt or apprehended <unclear>tend</unclear> to prevent the <add>infliction of</add> like wrong<lb/> | |||
on other occasions by the individual wrongee, and by<lb/> | |||
<del>a</del> third persons who otherwise would in a similar way<lb/> | |||
have been offenders.</p> | |||
<p>4. <hi rend="underline">Punitive</hi>: which <del><gap/></del> without operating in the character<lb/> | |||
of a benefit as above, <del>had to produce in the char</del><lb/> | |||
otherwise than <del>by</del> in the shape of vindictive satisfaction<lb/> | |||
tend <del>to</del> in the character of a burthen to effect prevention<lb/> | |||
as above.</p> | |||
<p>4. Indirectly <hi rend="underline">preventive</hi> or say anticipative: arrangements<lb/> | |||
which by applying <add>in a direct way</add> to acts of a different<lb/> | |||
nature from <del>that</del> <add>the mischievous act</add> in question, <del>tend</del> <add>operate</add> in a <del><gap/></del> <add>indirect and</add> less<lb/> | |||
immediate way towards the prevention of it in<lb/> | |||
all instances in general without <del>applying</del> operating<lb/> | |||
exclusively in any. As to these see Bentham par Dumont<lb/> | |||
Traités <gap/></p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1826. May 14
Penal Code. Ch. XII Remedies
No punishment but as a remedy
no magnitude proportioned to it.
Application of Compensation
and Punishment to property
acquired after decree of
conviction and sentence?
Ch. XII
Remedies
§. 1.
Remedies A mischievous off act constituted
on that account, by legal prohibition and punishment as a
disease or say a symptom of a disease in the moral frame of the individual offender,
and thereby in the body politic
These diseases taken in the aggregate have
their remedies
Taken in the aggregate they are distinguishable may be divided
into the species following
1. Preventive
2. Sistitive Suppressive or say terminative or Suppressive applied to the individual
offence during its continuance.
3. Satisfactive, which while in the character of a benefit they contribute to heal the wound
produced in the individual wronged, in the character of a
burthen felt or apprehended tend to prevent the infliction of like wrong
on other occasions by the individual wrongee, and by
a third persons who otherwise would in a similar way
have been offenders.
4. Punitive: which without operating in the character
of a benefit as above, had to produce in the char
otherwise than by in the shape of vindictive satisfaction
tend to in the character of a burthen to effect prevention
as above.
4. Indirectly preventive or say anticipative: arrangements
which by applying in a direct way to acts of a different
nature from that the mischievous act in question, tend operate in a indirect and less
immediate way towards the prevention of it in
all instances in general without applying operating
exclusively in any. As to these see Bentham par Dumont
Traités
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1826-05-14 |
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penal code |
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316 |
penal code |
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001 |
ch. xii / remedies |
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jeremy bentham |
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22511 |
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