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function</note> | function</note> | ||
<p> | <p>Addendum</p> | ||
<p>Enactive<lb/> | <p>Enactive<lb/> | ||
In case of emendation by appointment of punishment<lb/> | In case of emendation by appointment of punishment<lb/> | ||
where as yet there is none, let not the punishment<lb/> | where as yet there is none, <del>let not the punishment<lb/> | ||
be made retroactive to wit on the discovery of a maleficent<lb/> | be made retroactive</del> to wit on the discovery of a maleficent<lb/> | ||
quality as being possessed by <gap/> an act of this or that description<lb/> | quality as being possessed by <del><gap/></del> an act of this or that description<lb/> | ||
not yet by prohibition aggregated by prohibition to any class of offence, apply<lb/> | not yet <add>by prohibition</add> aggregated <del>by prohibition</del> to any class of offence, apply<lb/> | ||
not any retroactive punishment: Ratiocinative do not apply pain in the character<lb/> | not any retroactive punishment: <del><add>Ratiocinative</add></del> do not apply pain in the character<lb/> | ||
of punishment to any one by whom such act if newly discovered <note>maleficence has | of punishment to any one by whom such act if newly discovered <note>maleficence has<lb/> | ||
been proposed</note>< | been proposed</note></p> | ||
1. The only use of punishment is prevention of<lb/> | |||
similar | <p>1. The only use of punishment is prevention of<lb/> | ||
But this good effect may as well surely be accomplished<lb/> | similar <del>offences</del> <add>maleficent acts (maleficence <del>being</del></add> <add>having place</add> <add>in this case by the supposition)</add> which otherwise would have been committed.<lb/> | ||
by prohibition without punishment <gap/> i.e. by<lb/> | But this good effect may as <del>well</del> <add>surely</add> be accomplished<lb/> | ||
the announcement of <gap/> punishment as about to be inflicted<lb/> | by prohibition <hi rend="underline">without</hi> punishment <del><gap/></del> i.e. by<lb/> | ||
the announcement of <del><gap/></del> punishment as about to be inflicted<lb/> | |||
in the event of any repetition of the maleficent act, as by<lb/> | in the event of any repetition of the maleficent act, as by<lb/> | ||
prohibition with punishment</p> | prohibition <hi rend="underline">with</hi> punishment</p> | ||
<p>2. On the other hand by of the infliction of punishment<lb/> | <p>2. On the other hand <del>by</del> <add>of</add> the infliction of punishment<lb/> | ||
without warning in any one such case an effect liable<lb/> | without warning in any one such case an effect liable<lb/> | ||
to be produced is the sense of insecurity resulting from<lb/> | to be produced is the sense of insecurity resulting from<lb/> | ||
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<p>In a word though in a comparatively minute<lb/> | <p>In a word though in a comparatively minute<lb/> | ||
degree the <gap/> changes would be of the same nature<lb/> | degree the <del><gap/></del> changes would be of the same nature<lb/> | ||
as that which has place under the existing system<lb/> | as that which <del>has place</del> under the existing system<lb/> | ||
is produced by Judge-made law Judges making correspondent<lb/> | is produced by Judge-made law Judges making correspondent<lb/> | ||
fictitious articles of Judge-made law in species of cases<lb/> | fictitious articles of Judge-made law in species of cases<lb/> | ||
of this and that description at pleasure, by infliction<lb/> | of this and that description at pleasure, by infliction<lb/> | ||
of retroactive punishment in in individual cases from whence<lb/> | of retroactive punishment in <add>in</add> individual cases from whence<lb/> | ||
by abstraction the idea of such specific cases is by abstraction framed</p> | <add>by abstraction</add> the idea of such specific cases is <del>by abstraction</del> framed</p> | ||
<p>By this practice, how great so ever the danger little or no alarm it may be said is produced.<lb/> | <p>By this practice, <add>how great so ever the danger</add> little or no alarm it may be said is produced.<lb/> | ||
True. But by which cause is it that this absence of | True. But by which cause is it that this <add>absence of</add> <unclear>exemption</unclear> from above<lb/> | ||
is produced? Only by the universal unknownness of the law. This vast But thus it is | is produced? Only by the universal unknownness of the law. <del>This vast</del> <add>But thus it is</add><lb/> | ||
that<lb/> | <del>that</del><lb/> | ||
<note>that this evil vast as it is<lb/> | <note>that this evil vast as it is<lb/> | ||
productive upon a small<lb/> | <del>productive</del> upon a small<lb/> | ||
case in various instances<lb/> | case in various instances<lb/> | ||
productive of great more<lb/> | productive of <del>great</del> more<lb/> | ||
or less good. When the<lb/> | or less good. When the<lb/> | ||
evil can not by any pre<gap/><lb/> | evil can not by any pre<gap/><lb/> | ||
be prevented or so much as foreseen, better it should remain unforeseen than foreseen: forasmuch the alarm would be so much pure evil, being by supposition incapable of<lb/> | be prevented or so much as foreseen, better it should remain unforeseen than foreseen: <add>forasmuch</add> the alarm would be so much pure evil, being by supposition incapable of<lb/> | ||
putting an exclusion upon the evil which is the object of it.</note></p> | putting an exclusion upon the evil which is the object of it.</note></p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1828 May 24
Constitutional Code
1
Ch. XII. Judiciary Collectively
§.20. Eventually emendative
function
Addendum
Enactive
In case of emendation by appointment of punishment
where as yet there is none, let not the punishment
be made retroactive to wit on the discovery of a maleficent
quality as being possessed by an act of this or that description
not yet by prohibition aggregated by prohibition to any class of offence, apply
not any retroactive punishment: Ratiocinative do not apply pain in the character
of punishment to any one by whom such act if newly discovered maleficence has
been proposed
1. The only use of punishment is prevention of
similar offences maleficent acts (maleficence being having place in this case by the supposition) which otherwise would have been committed.
But this good effect may as well surely be accomplished
by prohibition without punishment i.e. by
the announcement of punishment as about to be inflicted
in the event of any repetition of the maleficent act, as by
prohibition with punishment
2. On the other hand by of the infliction of punishment
without warning in any one such case an effect liable
to be produced is the sense of insecurity resulting from
the breach of the general rule. No punishment for any
sort of act to which in the existing state of the law a
punishment may not be seen to be already attached, the
supposed maleficent act being already included under
some denomination of offence
In a word though in a comparatively minute
degree the changes would be of the same nature
as that which has place under the existing system
is produced by Judge-made law Judges making correspondent
fictitious articles of Judge-made law in species of cases
of this and that description at pleasure, by infliction
of retroactive punishment in in individual cases from whence
by abstraction the idea of such specific cases is by abstraction framed
By this practice, how great so ever the danger little or no alarm it may be said is produced.
True. But by which cause is it that this absence of exemption from above
is produced? Only by the universal unknownness of the law. This vast But thus it is
that
that this evil vast as it is
productive upon a small
case in various instances
productive of great more
or less good. When the
evil can not by any pre
be prevented or so much as foreseen, better it should remain unforeseen than foreseen: forasmuch the alarm would be so much pure evil, being by supposition incapable of
putting an exclusion upon the evil which is the object of it.
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Identifier: | JB/042/423/001"JB/" can not be assigned to a declared number type with value 42. |
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1828-05-24 |
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constitutional code |
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423 |
constitutional code |
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001 |
addendum / enactive |
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text sheet |
1 |
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recto |
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jeremy bentham |
b&m 1828 |
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arthur moore; richard doane |
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1828 |
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13346 |
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