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<head>1824. March 27 +<lb/> | <head>1824. March 27 +<lb/> | ||
Constitutional Code. | Constitutional Code. Cop<hi rend="superscript">d</hi></head> | ||
<note>ulto<lb/> | <note>ulto<lb/> | ||
Line 14: | Line 14: | ||
<p>Weed out the factitious.</p> | <p>Weed out the factitious.</p> | ||
<p>Art. 6. Hitherto Under every known government as yet established the<lb/> | <p>Art. 6. <add>Hitherto</add> Under every <add>known</add> government <del>as yet established</del> the<lb/> | ||
expence by which is the instrument of tyranny in this shape<lb/> | <sic>expence</sic> <del>by</del> which is the instrument of tyranny in this shape<lb/> | ||
has been stands <gap/> rendered distinguishable into two the two abovementioned branches — the natural and<lb/> | <del>has been</del> <add>stands</add> <del><add><gap/></add> <add>rendered</add></del> distinguishable into <del>two</del> <add>the two abovementioned</add> branches — the natural and<lb/> | ||
the factitious. : the natural being <gap/><gap/><gap/><gap/> of itself<lb/> | the factitious. <del>: the natural being <gap/><gap/><gap/><gap/> of itself<lb/> | ||
out of the nature of the case; the factitious that which for<lb/> | out of the nature of the case; the factitious that which for<lb/> | ||
<gap/><gap/><gap/><gap/> and out of government. The<lb/> | <gap/><gap/><gap/><gap/> <add><gap/></add> and out of government.</del> The<lb/> | ||
factitious part <gap/> every government will <gap/> whenever they the rulers respective rulers <gap/><gap/> will extirpate<lb/> | factitious <del>part <gap/> every government will <gap/> whenever they</del> <add>the <del>rulers</del> respective rulers <del><gap/><gap/></del> will extirpate</add><lb/> | ||
<gap/> wheresoever it shall have become their pleasure to cease being accomplices in every<lb/> | <del><gap/></del> <add>wheresoever it shall have become</add> their pleasure to cease being accomplices in every<lb/> | ||
crime: it | crime: it will of course <del>be <gap/> <gap/></del> <add>stand excluded</add> in every Code <del><gap/> <gap/><lb/> | ||
which arrangements of which are determined by the principle<lb/> | which</del> arrangements of which are determined by the principle<lb/> | ||
laid down in | laid down in the present <add>Constitutional</add> Code.</p> | ||
<p>Art. 7. For the P<gap/> Code it belongs to For To the ulterior<lb/> | <p>Art. 7. <del>For the P<gap/> Code it belongs to For</del> <add>To</add> the ulterior<lb/> | ||
purpose of minimizing the natural branch of the evil,<lb/> | purpose of minimizing the natural branch of the evil,<lb/> | ||
a necessary <gap/> <gap/> the investigating preliminary is the <gap/> investigation of the | a necessary <del><gap/> <gap/> the investigating</del> <add>preliminary is the <del><gap/></del> investigation of</add><lb/> | ||
which the expence takes its rise: the <gap/> occasions on which,<lb/> | it <del>without <gap/><gap/><gap/><gap/></del> the sources <add>out</add> from<lb/> | ||
the purposes for which the demand for need of it is created.</p> | which the <sic>expence</sic> takes its rise: the <del><gap/></del> <add>occasions</add> on which,<lb/> | ||
the purposes for which the <del>demand for</del> <add>need of</add> it is created.</p> | |||
<p>Art. 8. This ascertained the only concerns, which on this occasion | <p>Art. 8. This ascertained the <add>only</add> concerns, which <add>on this occasion</add> the nature<lb/> | ||
of the case admitts of its taking for the minimization of the | of the case <sic>admitts</sic> of <del>its taking</del> for the minimization of <del>the</del><lb/> | ||
evil, from the <gap/><gap/> <gap/><gap/><gap/> will be found reducible to these two <gap/><gap/><gap/> these three: namely</p> | evil, <del>from the <gap/><gap/> <add><gap/><gap/><gap/></add></del> <add>will be <unclear>found</unclear></add> reducible to <del>these two <add><gap/><gap/><gap/></add></del> <add>these three</add>: namely</p> | ||
<p>1. Minimizing on the several occasions the quantity of expence actually bestowed.<!-- Paragraph mark --></p> | <p>1. Minimizing <add>on the several occasions</add> the quantity of expence actually <unclear>bestowed</unclear>.<!-- Paragraph mark --></p> | ||
<p>2. as <gap/><gap/> to such part as can not but be bestowed, <gap/><lb/> | <p>2. as <del><gap/><gap/></del> <add>to</add> such part as can not but be bestowed, <del><gap/><lb/> | ||
2. <gap/><gap/><gap/><gap/> shoulders on which by a <gap/><lb/> | 2. <gap/><gap/><gap/><gap/> shoulders on which by a <gap/></del><lb/> | ||
placing it upon those shoulder, on which, by a given<lb/> | placing it upon those shoulder, on which, by a given<lb/> | ||
quantity of forced expence, the least quantity of affliction<lb/> | quantity of forced expence, the least quantity of affliction<lb/> | ||
is produced<!-- Paragraph mark --> the inconsiderable part of portion of the expence <gap/><gap/> a can be thus <gap/></p> | is produced<!-- Paragraph mark --> <del>the inconsiderable part of portion of the expence <add><gap/><gap/> a can be thus <gap/></add></del></p> | ||
<p>3. As to such part of it as is thus <gap/> applied,<lb/> | <p>3. As to such part of it as is thus <del><gap/></del> applied,<lb/> | ||
<gap/> laying it upon those, in whose instance, in compensation,<lb/> | <del><gap/></del> laying it upon those, in whose instance, in compensation,<lb/> | ||
or part compensation, for the affliction produced, the disposition | or part compensation, for the affliction produced, <add>the disposition made of</add> it produces,<lb/> | ||
in the way of prevention of greater evil, the <gap/> beneficial effect of punishment.<!-- Paragraph mark --> <gap/></p> | in the way of prevention of <add>greater</add> evil, the <del><gap/></del> beneficial effect <add>of punishment.</add><!-- Paragraph mark --> <del><gap/></del></p> | ||
<p>of punishment. Art. 9. Art. 9. The ways, in which, the quantity of <gap/> forced forced expence<lb/> | <p><del>of punishment. <add>Art. 9.</add></del> <add>Art. 9.</add> The ways, in which, the quantity of <del><gap/></del> <add>forced <del>forced</del></add> <sic>expence</sic><lb/> | ||
being given, the affliction produced by it is diminished and <gap/> minimized,<lb/> | being given, the affliction <del>produced by it</del> is diminished and <del><gap/></del> <add>minimized,</add><lb/> | ||
are these two: namely 1. the throwing it placing imposing the burthen upon the public fund; that is to<lb/> | are these two: namely 1. the <del>throwing it <add>placing</add></del> <add>imposing the <sic>burthen</sic></add> upon the public fund; that is to<lb/> | ||
say upon the whole community in the aggregate: 2. <gap/> as between two persons<lb/> | say upon the whole community in the aggregate: 2. <del><gap/></del> <add>as between</add> two persons<lb/> | ||
on the different sides of the suit <gap/> occupying different stations in the scale<lb/> | <del>on the different sides of the suit <gap/></del> occupying different stations in the scale<lb/> | ||
of opulence, the | of opulence, <del>the</del> imposing <del><gap/><gap/></del> <add><del><gap/> <gap/><gap/></del> it</add> in proportion, correspondent to the height <note>of <del><gap/></del> <add>their</add> respective situations.<!-- Paragraph mark --><lb/> | ||
<gap/><gap/></note></p> | <del><gap/><gap/></del></note></p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
1824. March 27 +
Constitutional Code. Copd
ulto
Ch. XI. Judiciary collectively
§. Justice for the poorest
4
Weed out the factitious.
Art. 6. Hitherto Under every known government as yet established the
expence by which is the instrument of tyranny in this shape
has been stands rendered distinguishable into two the two abovementioned branches — the natural and
the factitious. : the natural being of itself
out of the nature of the case; the factitious that which for
and out of government. The
factitious part every government will whenever they the rulers respective rulers will extirpate
wheresoever it shall have become their pleasure to cease being accomplices in every
crime: it will of course be stand excluded in every Code
which arrangements of which are determined by the principle
laid down in the present Constitutional Code.
Art. 7. For the P Code it belongs to For To the ulterior
purpose of minimizing the natural branch of the evil,
a necessary the investigating preliminary is the investigation of
it without the sources out from
which the expence takes its rise: the occasions on which,
the purposes for which the demand for need of it is created.
Art. 8. This ascertained the only concerns, which on this occasion the nature
of the case admitts of its taking for the minimization of the
evil, from the will be found reducible to these two these three: namely
1. Minimizing on the several occasions the quantity of expence actually bestowed.
2. as to such part as can not but be bestowed,
2. shoulders on which by a
placing it upon those shoulder, on which, by a given
quantity of forced expence, the least quantity of affliction
is produced the inconsiderable part of portion of the expence a can be thus
3. As to such part of it as is thus applied,
laying it upon those, in whose instance, in compensation,
or part compensation, for the affliction produced, the disposition made of it produces,
in the way of prevention of greater evil, the beneficial effect of punishment.
of punishment. Art. 9. Art. 9. The ways, in which, the quantity of forced forced expence
being given, the affliction produced by it is diminished and minimized,
are these two: namely 1. the throwing it placing imposing the burthen upon the public fund; that is to
say upon the whole community in the aggregate: 2. as between two persons
on the different sides of the suit occupying different stations in the scale
of opulence, the imposing it in proportion, correspondent to the height of their respective situations.
Identifier: | JB/042/350/001"JB/" can not be assigned to a declared number type with value 42. |
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