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<p>1827 June 22<hi rend="superscript">nd</hi><lb/> | |||
<head>Penal Code</head></p> | |||
<p><head>Division of Offences<lb/> | |||
Ch. III. §. </head></p> | |||
<p><hi rend="underline">1</hi><lb/> | |||
Offence <del>consist</del> an<lb/> | |||
<hi rend="underline">Act forbidden</hi> by law</p> | |||
<p>2<lb/> | |||
Cime an Act productive<lb/> | |||
of great<lb/> | |||
mischief on the object<lb/> | |||
of great odium or to<lb/> | |||
which great punishment<lb/> | |||
is attached by<lb/> | |||
Law.</p> | |||
<p>3<lb/> | |||
Between Crimes &<lb/> | |||
Offences not crimes no<lb/> | |||
determine line of<lb/> | |||
<unclear>definition</unclear> – The effect<lb/> | |||
of the word Crime<lb/> | |||
is to influence the passions,<lb/> | |||
create antipathy<lb/> | |||
towards the offender<lb/> | |||
& thence a degree<lb/> | |||
of punishment<lb/> | |||
beyond what a<lb/> | |||
calm consideration<lb/> | |||
of the demand for<lb/> | |||
it would fix.</p> | |||
<p>4<lb/> | |||
So therefore excluded<lb/> | |||
with all its<lb/> | |||
conjugates from the<lb/> | |||
present Code except<lb/> | |||
inn the case of<lb/> | |||
Criminal consciousness.</p> | |||
<p>5<lb/> | |||
Distinction between</p> | |||
<pb/> | |||
<p><head>Division of Offences<lb/> | |||
Ch. III. §. </head></p> | |||
<p><hi rend="underline">5 continued</hi><lb/> | |||
Civil & criminal appears<lb/> | |||
purely arbitrary<lb/> | |||
therefore not here employed.</p> | |||
<p>6<lb/> | |||
In existing bodies offences<lb/> | |||
distinguished according<lb/> | |||
to the quantity<lb/> | |||
of punishment into<lb/> | |||
offences in <gap/><lb/> | |||
and faults but in<lb/> | |||
what circumstances<lb/> | |||
of the nature effects &<lb/> | |||
tendency of the offences<lb/> | |||
are these distinctions<lb/> | |||
grounded.</p> | |||
<p><del>7</del> | |||
Offences the classification<lb/> | |||
according to<lb/> | |||
the remedy or to one<lb/> | |||
sort of remedy applied<lb/> | |||
to them may be compared<lb/> | |||
to the classification<lb/> | |||
of diseases of which the<lb/> | |||
respective medicines<lb/> | |||
should be taken as<lb/> | |||
the basis for ex-opiate<lb/> | |||
diseases medicinal<lb/> | |||
diseases & so on.</p> | |||
<p>This principle of arrangement<lb/> | |||
equally suited to<lb/> | |||
the <gap/> prevented from<lb/> | |||
applying the requisite<lb/> | |||
attention to the subject<lb/> | |||
<add>(9)</add> | |||
</p> | |||
<pb/> | |||
<p><head>Division of Offences<lb/> | |||
Ch. III. §. </head></p> | |||
<p>& to the Tyrant whose<lb/> | |||
interest it is that the<lb/> | |||
nature of the offence<lb/> | |||
should be misconceived.</p> | |||
<p>Example of offences<lb/> | |||
of misgovernment<lb/> | |||
of which it is his interest<lb/> | |||
to prevent the<lb/> | |||
conception & exposure.</p> | |||
<p>Go on to speak of reward<lb/> | |||
for Discourses<lb/> | |||
encouraging the above<lb/> | |||
Acts or supporting<lb/> | |||
the power by which<lb/> | |||
they are exercised.</p> | |||
<p>Examples of this<lb/> | |||
mode of classification<lb/> | |||
1 English common<lb/> | |||
Law – 2 English Law<lb/> | |||
consolidation – 3. French<lb/> | |||
Codes – 4. Bavaria<lb/> | |||
Bacon's Code.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1827 June 22nd
Penal Code
Division of Offences
Ch. III. §.
1
Offence consist an
Act forbidden by law
2
Cime an Act productive
of great
mischief on the object
of great odium or to
which great punishment
is attached by
Law.
3
Between Crimes &
Offences not crimes no
determine line of
definition – The effect
of the word Crime
is to influence the passions,
create antipathy
towards the offender
& thence a degree
of punishment
beyond what a
calm consideration
of the demand for
it would fix.
4
So therefore excluded
with all its
conjugates from the
present Code except
inn the case of
Criminal consciousness.
5
Distinction between
---page break---
Division of Offences
Ch. III. §.
5 continued
Civil & criminal appears
purely arbitrary
therefore not here employed.
6
In existing bodies offences
distinguished according
to the quantity
of punishment into
offences in
and faults but in
what circumstances
of the nature effects &
tendency of the offences
are these distinctions
grounded.
7
Offences the classification
according to
the remedy or to one
sort of remedy applied
to them may be compared
to the classification
of diseases of which the
respective medicines
should be taken as
the basis for ex-opiate
diseases medicinal
diseases & so on.
This principle of arrangement
equally suited to
the prevented from
applying the requisite
attention to the subject
(9)
---page break---
Division of Offences
Ch. III. §.
& to the Tyrant whose
interest it is that the
nature of the offence
should be misconceived.
Example of offences
of misgovernment
of which it is his interest
to prevent the
conception & exposure.
Go on to speak of reward
for Discourses
encouraging the above
Acts or supporting
the power by which
they are exercised.
Examples of this
mode of classification
1 English common
Law – 2 English Law
consolidation – 3. French
Codes – 4. Bavaria
Bacon's Code.
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Identifier: | JB/064/009/001"JB/" can not be assigned to a declared number type with value 64. |
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1827-06-23 |
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064 |
Penal Code |
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009 |
Penal Code |
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001 |
Division of Offences Ch. III |
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Marginal summary sheet |
1 |
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recto |
C9 |
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20363 |
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