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<p>1828. June 7.<lb/> | |||
' | <head>Penal Code</head></p> | ||
<p>28.<lb/> | |||
The matter here treated<lb/> | |||
of belongs to penal<lb/> | |||
as well as Civil Law.</p> | |||
<p>29.<lb/> | |||
No act can be treated<lb/> | |||
of as an offence, without<lb/> | |||
describing the<lb/> | |||
persons liable to commit<lb/> | |||
it.</p> | |||
<p>30.<lb/> | |||
If no such definition<lb/> | |||
effect of laws to produce<lb/> | |||
a mixture of offences<lb/> | |||
& punishments.</p> | |||
<p>31.<lb/> | |||
On these occasions,<lb/> | |||
legislator an accomplice<lb/> | |||
in the offence.<lb/> | |||
So punishment an<lb/> | |||
injury, and legislator<lb/> | |||
the author.</p> | |||
<p>32.<lb/> | |||
In these cases, Legislator<lb/> | |||
the first of malefactors.</p> | |||
<p>33.<lb/> | |||
Though no punishment<lb/> | |||
allotted, no<lb/> | |||
reason why the definition<lb/> | |||
of an offence<lb/> | |||
should not constitute<lb/> | |||
part of a penal Code.</p> | |||
<p>34.<lb/> | |||
No clear line of distinction<lb/> | |||
between<lb/> | |||
Code and Code.</p> | |||
<p>35.<lb/> | |||
No part of law can<lb/> | |||
operate without something<lb/> | |||
having the effect<lb/> | |||
of punishment.</p> | |||
<p>36.<lb/> | |||
Therefore, all law belongs<lb/> | |||
in the first<lb/> | |||
place to the penal<lb/> | |||
branch.</p> | |||
<pb/> | |||
<p>37.<lb/> | |||
But that matter of<lb/> | |||
which the reference to<lb/> | |||
punishment is less<lb/> | |||
immediate, separated<lb/> | |||
under the title<lb/> | |||
of Civil Code.</p> | |||
<p>38.<lb/> | |||
Example, the Law<lb/> | |||
conveying contracts.</p> | |||
<p>39.<lb/> | |||
To Penal Code, every<lb/> | |||
thing which puts it<lb/> | |||
out of a man's power<lb/> | |||
to avoid punishment.</p> | |||
<p>40.<lb/> | |||
Example, non-performance<lb/> | |||
of contract,<lb/> | |||
where contract to be<lb/> | |||
enforced by punishment.</p> | |||
<p>41.<lb/> | |||
In regard to punis<lb/> | |||
hment, every act to w<hi rend="superscript">h.</hi><lb/> | |||
by law, the character<lb/> | |||
of an offence is attached,<lb/> | |||
belongs to penal Code.</p> | |||
<p>42.<lb/> | |||
And this, whether the<lb/> | |||
act morally blameable<lb/> | |||
or not.</p> | |||
<p>43.<lb/> | |||
But only here and there<lb/> | |||
by name, can it be<lb/> | |||
seen whether act is<lb/> | |||
regarded as blameable<lb/> | |||
or not.</p> | |||
<p>44.<lb/> | |||
Where no punishment<lb/> | |||
allotted but satisfaction<lb/> | |||
to individual<lb/> | |||
wrongee, here a Civil<lb/> | |||
Law.</p> | |||
<p>45.<lb/> | |||
But, looking a little<lb/> | |||
closer, the distinction<lb/> | |||
evaporates.</p> | |||
<pb/> | |||
<p>46.<lb/> | |||
No satisfaction can<lb/> | |||
be made to wrongee,<lb/> | |||
but the effect of punishment<lb/> | |||
to wrongdoer<lb/> | |||
is produced.</p> | |||
<p>47.<lb/> | |||
Example, pecuniary<lb/> | |||
satisfaction to<lb/> | |||
wrongee out of public<lb/> | |||
purse.</p> | |||
<p>48.<lb/> | |||
Consequences –<lb/> | |||
1. In no case of individual<lb/> | |||
suffering<lb/> | |||
produced, punishment<lb/> | |||
till after satisfaction.<lb/> | |||
2. No punishment except<lb/> | |||
where satisfaction<lb/> | |||
insufficient<lb/> | |||
as punishment.</p> | |||
<p>49.<lb/> | |||
No offence in which<lb/> | |||
falshood may not be<lb/> | |||
employed as an instrument.</p> | |||
<p>50.<lb/> | |||
Take any supposed<lb/> | |||
civil offence, and<lb/> | |||
give a definition<lb/> | |||
of it, as such.</p> | |||
<p>51.<lb/> | |||
Add the circumstance<lb/> | |||
of falshood,<lb/> | |||
it can not be considered<lb/> | |||
but as a<lb/> | |||
penal offence.</p> | |||
<p>52.<lb/> | |||
Some modifications<lb/> | |||
of falshood separate<lb/> | |||
offences; but are not<lb/> | |||
less liable to be dealt<lb/> | |||
with as adjective<lb/> | |||
offences.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1828. June 7.
Penal Code
28.
The matter here treated
of belongs to penal
as well as Civil Law.
29.
No act can be treated
of as an offence, without
describing the
persons liable to commit
it.
30.
If no such definition
effect of laws to produce
a mixture of offences
& punishments.
31.
On these occasions,
legislator an accomplice
in the offence.
So punishment an
injury, and legislator
the author.
32.
In these cases, Legislator
the first of malefactors.
33.
Though no punishment
allotted, no
reason why the definition
of an offence
should not constitute
part of a penal Code.
34.
No clear line of distinction
between
Code and Code.
35.
No part of law can
operate without something
having the effect
of punishment.
36.
Therefore, all law belongs
in the first
place to the penal
branch.
---page break---
37.
But that matter of
which the reference to
punishment is less
immediate, separated
under the title
of Civil Code.
38.
Example, the Law
conveying contracts.
39.
To Penal Code, every
thing which puts it
out of a man's power
to avoid punishment.
40.
Example, non-performance
of contract,
where contract to be
enforced by punishment.
41.
In regard to punis
hment, every act to wh.
by law, the character
of an offence is attached,
belongs to penal Code.
42.
And this, whether the
act morally blameable
or not.
43.
But only here and there
by name, can it be
seen whether act is
regarded as blameable
or not.
44.
Where no punishment
allotted but satisfaction
to individual
wrongee, here a Civil
Law.
45.
But, looking a little
closer, the distinction
evaporates.
---page break---
46.
No satisfaction can
be made to wrongee,
but the effect of punishment
to wrongdoer
is produced.
47.
Example, pecuniary
satisfaction to
wrongee out of public
purse.
48.
Consequences –
1. In no case of individual
suffering
produced, punishment
till after satisfaction.
2. No punishment except
where satisfaction
insufficient
as punishment.
49.
No offence in which
falshood may not be
employed as an instrument.
50.
Take any supposed
civil offence, and
give a definition
of it, as such.
51.
Add the circumstance
of falshood,
it can not be considered
but as a
penal offence.
52.
Some modifications
of falshood separate
offences; but are not
less liable to be dealt
with as adjective
offences.
|
Identifier: | JB/064/084/001"JB/" can not be assigned to a declared number type with value 64. |
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1828-06-07 |
28-52 |
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064 |
Penal Code |
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084 |
Penal Code |
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|
001 |
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Marginal summary sheet |
1 |
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recto |
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20438 |
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