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<p>Art. 5. Thus far, as to the mode in which the evil is<lb/> | <p>Art. 5. Thus far, as to the mode in which the evil is<lb/> | ||
<del>Art. 5. When <gap/> <add>In so far as</add> in the Defendants side that</del><lb/> | <del>Art. 5. When <gap/> <add>In so far as</add> in the Defendants side that</del><lb/> | ||
produced, where the indigence | produced, where the indigence is on the Pursuers side: <del><gap/><lb/> | ||
the indigence has place</del> <add>in so far as it is on the Defendant's side</add>, the power of the law is not<lb/> | the indigence has place</del> <add>in so far as it is on the Defendant's side</add>, the power of the law is not<lb/> | ||
merely as a negative, <del><gap/></del> but in a positive way the instrument,<lb/> | merely as a negative, <del><gap/></del> but in a positive way the instrument,<lb/> | ||
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<add>inflict on every</add> person <del>whom</del> relatively indigent whom he <del>wishes</del> <add>has any desire</add> thus to injure,<lb/> | <add>inflict on every</add> person <del>whom</del> relatively indigent whom he <del>wishes</del> <add>has any desire</add> thus to injure,<lb/> | ||
suffering in any shape, in which, on any occasion, <add>on the score of guilt or otherwise,</add> any<lb/> | suffering in any shape, in which, on any occasion, <add>on the score of guilt or otherwise,</add> any<lb/> | ||
person is <del>ordered <gap/> obliged</del> <add><unclear>impaired</unclear> by law</add> to produce it. Here then<lb/> | person is <del>ordered <gap/> obliged</del> <add><unclear>impaired</unclear> by law</add> to <unclear>produce</unclear> it. Here then<lb/> | ||
is a tyranny, of which the power of the legislator, and <add>that of</add> the Judge<lb/> | is a tyranny, of which the power of the legislator, and <add>that of</add> the Judge<lb/> | ||
are in a <add>more</add> direct way <del><gap/></del> the instrument. <del><gap/> <add><gap/></add></del> <add>In</add> this case<lb/> | are in a <add>more</add> direct way <del><gap/></del> the instrument. <del><gap/> <add><gap/></add></del> <add>In</add> this case<lb/> | ||
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<add>termed extrajudicial: in both cases</add> it is purely judicial, the power of the Judge being<lb/> | <add>termed extrajudicial: in both cases</add> it is purely judicial, the power of the Judge being<lb/> | ||
the <add><del>only</del> very and only</add> instrument by which it is produced: <del>this sole exception</del><lb/> | the <add><del>only</del> very and only</add> instrument by which it is produced: <del>this sole exception</del><lb/> | ||
those cases < | those cases <add>alone excepted,</add> in which <del><gap/></del> for conviction positive proof <add>of delinquency</add> is<lb/> | ||
<add>made</add> necessary, the <add>circumstantial and</add> negative proof afforded by non appearance not<lb/> | <add>made</add> necessary, the <add>circumstantial and</add> negative proof afforded by non appearance not<lb/> | ||
being taken for conclusive. <del>evidence of delinquency.</del></p> | being taken for conclusive. <del>evidence of delinquency.</del></p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1824. March 27 +
Constitutional Code. Copd
ulto
Ch. XI. Judiciary collectively
§. Justice to the poorest
3
Art. 5. Thus far, as to the mode in which the evil is
Art. 5. When In so far as in the Defendants side that
produced, where the indigence is on the Pursuers side:
the indigence has place in so far as it is on the Defendant's side, the power of the law is not
merely as a negative, but in a positive way the instrument,
by the operation of which it the evil is produced. Any man
In this case by any person who being relatively opulent chooses to take
On the pursuers side any person may for the purpose of
for this purpose a station on the pursuers side, is thus enabled to
on the part of
inflict on every person whom relatively indigent whom he wishes has any desire thus to injure,
suffering in any shape, in which, on any occasion, on the score of guilt or otherwise, any
person is ordered obliged impaired by law to produce it. Here then
is a tyranny, of which the power of the legislator, and that of the Judge
are in a more direct way the instrument. In this case
the distinction between the original and the incidental evil, as above,
has application place likewise. In neither branch case however can it be
has likewise place: but on both branches it is
termed extrajudicial: in both cases it is purely judicial, the power of the Judge being
the only very and only instrument by which it is produced: this sole exception
those cases alone excepted, in which for conviction positive proof of delinquency is
made necessary, the circumstantial and negative proof afforded by non appearance not
being taken for conclusive. evidence of delinquency.
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jeremy bentham |
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