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4<lb/><head>C. P</head><lb/><note><head>Ends</head></note><lb/><head>Purposes of Procedure</head><lb/>for the application of | 4<lb/><head>C. P</head><lb/><note><head>Ends</head></note><lb/><lb/><head>Purposes of Procedure</head><lb/>for the application of punishment in such quantity<lb/>of such quality upon such occasions and in such<lb/>a manner as have already been determined to be<lb/>competent upon the principles laid down in the <lb/>former book.<lb/><lb/><head>3</head><lb/>This then is the main and only direct <add>and positive</add> end<lb/><note>Direct and posi<lb/>tive end of the<lb/>System of proce-<lb/>-dure</note><lb/><add>or purpose</add> of the system of Procedure; viz: the [infliction of <add>a application</add><lb/>punishment <add>+ & other preventive expedients</add> according to the prediction given of<lb/><note>+the application of <add>physical</add> coercion<lb/>when it is possible<lb/>and the bestowal of amends</note><lb/>it <gap/>] <add>giving effect to</add> the substantive part of the law.<lb/><lb/>4<lb/>But punishment is not an evil: the primary consequences<lb/><note>Collateral and<lb/>negative end - the<lb/>exclusion of <gap/> <add>un-</add><lb/><gap/> -necessary mis-<lb/>chief.</note><lb/>of the act by which it is influcted, mischievous: and<lb/>it is only in as far as it may be productive of<lb/>restraint or compensation, that the secondary conse-<lb/>-quences of such act <add>of punishment</add> can be made to outweigh<lb/>the primary, so as for the <add>consequences of the punishment</add> <del>act</del> to be beneficial<lb/>upon the whole. On this account therefore it is<lb/>incumbent on the legislator and the judge to <del>avoid</del><lb/>guard as much as possible against the <add>introduction</add> production<lb/>of all mischief which is not conducive and neces-<lb/>-sary to the production of <del>that</del> <add>those beneficial</add> desired effects <add>by</add> which<lb/> <del>changes</del> the coplexion of punishment is changed<lb/>from evil into good. This therefore constitutes ano-<lb/>ther general end or purpose of the system of Proce-<lb/>-dure | ||
4
C. P
Ends
Purposes of Procedure
for the application of punishment in such quantity
of such quality upon such occasions and in such
a manner as have already been determined to be
competent upon the principles laid down in the
former book.
3
This then is the main and only direct and positive end
Direct and posi
tive end of the
System of proce-
-dure
or purpose of the system of Procedure; viz: the [infliction of a application
punishment + & other preventive expedients according to the prediction given of
+the application of physical coercion
when it is possible
and the bestowal of amends
it ] giving effect to the substantive part of the law.
4
But punishment is not an evil: the primary consequences
Collateral and
negative end - the
exclusion of un-
-necessary mis-
chief.
of the act by which it is influcted, mischievous: and
it is only in as far as it may be productive of
restraint or compensation, that the secondary conse-
-quences of such act of punishment can be made to outweigh
the primary, so as for the consequences of the punishment act to be beneficial
upon the whole. On this account therefore it is
incumbent on the legislator and the judge to avoid
guard as much as possible against the introduction production
of all mischief which is not conducive and neces-
-sary to the production of that those beneficial desired effects by which
changes the coplexion of punishment is changed
from evil into good. This therefore constitutes ano-
ther general end or purpose of the system of Proce-
-dure
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Identifier: | JB/051/312/004"JB/" can not be assigned to a declared number type with value 51. |
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1-3, 1-4 |
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051 |
evidence; procedure code |
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312 |
purposes of procedure |
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004 |
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text sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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jeremy bentham |
[[watermarks::s. lay [britannia with shield motif]]] |
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alexander mavrokordatos |
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16477 |
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