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<p>1</p> | |||
<p><head><del>Of the</del> Grounds of exemption from punishment</head></p> | |||
<p><hi rend="superscript">⊞</hi> <note>⊞ To Ins. p.3.</note> We come now to consider the several cases<lb/> | |||
in which Punishment is or has been supposed<lb/> | |||
to be improper.</p> | |||
<p>Punishment is what? An evil inflicted for<lb/> | |||
something that <hi rend="underline">has</hi> <add>been</add>, or at least is <hi rend="underline">supposed</hi> to have<lb/> | |||
been done.<hi rend="superscript">[a]</hi> This something must have been prohibited<lb/> | |||
or at least supposed to <add>have</add> been prohibited<lb/> | |||
by at least the <hi rend="underline">Letter</hi> of some Law.<hi rend="superscript">[b]</hi></p> | |||
<p>But it may happen 1<hi rend="superscript">st</hi> that the act which has<lb/> | |||
been supposed to be done, that is which according<lb/> | |||
to the regular and established <add>ordinary</add> modes of trial has<lb/> | |||
been proved to have been done, was after all not<lb/> | |||
done. A circumstance has come out which has<lb/> | |||
indicated the <del>proposition</del> conclusion drawn from the<lb/> | |||
ordinary methods of investigation to have been erroneous.</p> | |||
<p>2. The act which stands prohibited by the letter<lb/> | |||
of the Law may not have been meant to be<lb/> | |||
prohibited by the Legislator. For the faculties of<lb/> | |||
comprehension and expression being in all men<lb/> | |||
more or less imperfect, it will often happen that<lb/> | |||
the Legislator did not mean, what to judge from<lb/> | |||
the words of the particular passage relating to the act<lb/> | |||
in question, he would seem to mean.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1
Of the Grounds of exemption from punishment
⊞ ⊞ To Ins. p.3. We come now to consider the several cases
in which Punishment is or has been supposed
to be improper.
Punishment is what? An evil inflicted for
something that has been, or at least is supposed to have
been done.[a] This something must have been prohibited
or at least supposed to have been prohibited
by at least the Letter of some Law.[b]
But it may happen 1st that the act which has
been supposed to be done, that is which according
to the regular and established ordinary modes of trial has
been proved to have been done, was after all not
done. A circumstance has come out which has
indicated the proposition conclusion drawn from the
ordinary methods of investigation to have been erroneous.
2. The act which stands prohibited by the letter
of the Law may not have been meant to be
prohibited by the Legislator. For the faculties of
comprehension and expression being in all men
more or less imperfect, it will often happen that
the Legislator did not mean, what to judge from
the words of the particular passage relating to the act
in question, he would seem to mean.
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Identifier: | JB/100/097/001"JB/" can not be assigned to a declared number type with value 100. |
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100 |
punishment |
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097 |
grounds of exemption from punishment |
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001 |
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text sheet |
2 |
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recto |
f1 / / / f4 |
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jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
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caroline vernon |
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32113 |
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