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<p>A question here presents itself – <add>The legislative power</add> The substantive law, having<lb/> | <p>A question here presents itself – <add>The legislative power</add> The substantive law, having<lb/> | ||
prohibited an act, having converted one act into an offence<lb/> | prohibited an act, having converted one act into an offence<lb/> | ||
attach punishment to it, in a certain shape, | attach punishment to it, in a certain shape, and <del><gap/></del> that<lb/> | ||
</p> | it shall be punished in a certain way <add>punishment, of a certain kind shall be annexed to it:</add> the judicial<lb/> | ||
power – the substantive law attaches punishment to it<lb/> | |||
but <add>punishment not of that kind</add> not in that way <add>shape</add>, but in another: and so in regard<lb/> | |||
to rights and satisfactions. What is the relation of this<lb/> | |||
case (it may be asked) to the preceding ones? <del><gap/></del> By this means<lb/> | |||
<del>are any of</del> <add>are</add> the preceding ends, any of them, disfulfilled? – and<lb/> | |||
if any, which of them. I answer, yes: two at once.<lb/> | |||
By every <add>such</add> judicial decision two infractions at once of the<lb/> | |||
arrangements <del><gap/> by the</del> <add>of substantive law</add> are committed, yet <add>but</add> two such<lb/> | |||
infractions that <del>the ends of procedure <add>justice</add></del> are in substance<lb/> | |||
and effect the infraction of the two is less liable to the<lb/> | |||
ends of procedure taken <add>all</add> together, than of either of them<lb/> | |||
had been been infringed upon: two infractions in form – in<lb/> | |||
logical <add>verbal</add> form: but less than one in political effect – in<lb/> | |||
pathological <add>real</add> effect – <add>in a word</add> in substance. Two aberrations<lb/> | |||
<add>at once</add> from the <add>straight</add> line of rectitude: two aberrations, yet as connected<lb/> | |||
and related to each other, that <add>being in contrary directions</add> the one of them operates as<lb/> | |||
a correction to the other, and the result consists not of<lb/> | |||
their <hi rend="underline">sum</hi> but of their difference.</p> | |||
<p>Had not this puzzle <add>riddle</add> been solved, what a source of perplexity? What a<lb/> | |||
handle for <del>a</del> <gap/>? What a field for sophistry?</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
2 May 1805
Evidence
Ch. 7. Collateral Ultimate ends having respect to Quality: viz:
of punishment, rights, or satisfaction.
A question here presents itself – The legislative power The substantive law, having
prohibited an act, having converted one act into an offence
attach punishment to it, in a certain shape, and that
it shall be punished in a certain way punishment, of a certain kind shall be annexed to it: the judicial
power – the substantive law attaches punishment to it
but punishment not of that kind not in that way shape, but in another: and so in regard
to rights and satisfactions. What is the relation of this
case (it may be asked) to the preceding ones? By this means
are any of are the preceding ends, any of them, disfulfilled? – and
if any, which of them. I answer, yes: two at once.
By every such judicial decision two infractions at once of the
arrangements by the of substantive law are committed, yet but two such
infractions that the ends of procedure justice are in substance
and effect the infraction of the two is less liable to the
ends of procedure taken all together, than of either of them
had been been infringed upon: two infractions in form – in
logical verbal form: but less than one in political effect – in
pathological real effect – in a word in substance. Two aberrations
at once from the straight line of rectitude: two aberrations, yet as connected
and related to each other, that being in contrary directions the one of them operates as
a correction to the other, and the result consists not of
their sum but of their difference.
Had not this puzzle riddle been solved, what a source of perplexity? What a
handle for a ? What a field for sophistry?
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001 |
ch. 7 collateral ultimate ends having respect to quality: viz: of punishment, rights, or satisfaction |
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jeremy bentham |
1800 |
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