★ Find a new page to transcribe in our list of Untranscribed Manuscripts
No edit summary |
No edit summary |
||
| Line 2: | Line 2: | ||
'''[{{fullurl:JB/141/134/002|action=edit}} Click Here To Edit]''' | '''[{{fullurl:JB/141/134/002|action=edit}} Click Here To Edit]''' | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
<head>Punishment - whether defeasible by Death</head> | <head>Punishment - whether defeasible by Death</head> | ||
<p>in that of compensation, that <del><gap/></del> a Law which<add><del>by</del></add> appoints<lb/> | <p>in that of compensation, that <del><gap/></del> a Law which<add><del>by</del></add> appoints<lb/> | ||
the latter is not understood to <del><hi rend="underline">punish</hi></del><add>appoint the former</add> <del>it</del> is not<lb/> | the latter is not understood to <del><hi rend="underline">punish:</hi></del><add>appoint the former</add> <del>it</del> is not<lb/> | ||
looked upon as a <hi rend="underline">penal</hi> Law.</p> | looked upon as a <hi rend="underline">penal</hi> Law.</p> | ||
<p>Punish however it must, a penal Law in<lb/> | <p>Punish however it must, a penal Law in<lb/> | ||
<note>Yet compensation without punishment is an inadequate remedy</note> one <add><del>the</del> sense of the word, it must be</add | <note>Yet compensation<lb/> without punishment<lb/> is an inadequate remedy<lb/></note> one <del><gap/> <gap/></del> <add><del>the</del> sense of the word, it must be</add>, if it <del>has</del> is to have any <lb/> | ||
effect at all in preventing the practise which is<lb/> | effect at all in preventing the practise which is<lb/> | ||
productive of the mischief it means to cure. And<lb/> | productive of the mischief it means to cure. And<lb/> | ||
| Line 22: | Line 18: | ||
</del><add>by much</add> the most important.</p> | </del><add>by much</add> the most important.</p> | ||
<p>This neglect however of the principal end of Laws<lb/> | <p>This neglect however of the principal end of Laws<lb/> | ||
<note>The purpose of punishment <add>is however in</add> <del>has frequently</del> many instances <del>however</del> answered without design.</note> made <add>in restraint of</add> | <note>The purpose of<lb/> punishment <add>is however in</add> <del>has frequently</del><lb/> <add>many instances</add> <del>however</del><lb/> answered without<lb/> design.<lb/></note> made <del>against</del> <add>in restraint of</add> private injuries has not been attended<lb/> | ||
with all the ill consequences that might at<lb/> | with all the ill consequences that might at<lb/> | ||
first sight be imagined. The indemnification being<lb/> | first sight be imagined. The indemnification being<lb/> | ||
| Line 29: | Line 25: | ||
Now under the Laws of most <add><del>all</del></add> nations, <del>indemnification</del><lb/> | Now under the Laws of most <add><del>all</del></add> nations, <del>indemnification</del><lb/> | ||
<del>has been exacted under</del><add>in</add> most <del>cases</del><add>instances</add> of acknowledged<lb/> | <del>has been exacted under</del><add>in</add> most <del>cases</del><add>instances</add> of acknowledged<lb/> | ||
injury<del><gap/></del> | injury<del><gap/></del> indemnification has been exacted: <add>[+]</add> | I say<lb/> | ||
<note><add>[+]</add> and <add>by that means</add> < | <note><add>[+]</add> and <del>therefore</del> <add>by that means</add> in the<lb/> most cases <add>it has happened that</add> punishment<lb/> has been applied.<lb/> Yet not in all;<lb/> because compensation<lb/> has been made<lb/> defeasible by contingenies<lb/></note> in most, but it has not in all. <del><gap/></del> <add>For there</add> are <del>however</del><lb/> | ||
two events < | two events <del>in</del> <add>by</add> which in all those cases indemnification <lb/> | ||
is <add>rendered</add> not <del>so</del> necessary <add>in so great a degree</add> as it was before, <lb/> | is <add>rendered</add> not <del>so</del> necessary <add>in so great a degree</add> as it was before, <lb/> | ||
and, < | and, <del><gap/></del> <add>as it may appear</add> upon a superficial glance, not necessary at<lb/> | ||
all. In effect upon the happening of either of these <add>two</add></p><pb/> | all. In effect upon the happening of either of these <add>two</add></p><pb/> | ||
Punishment - whether defeasible by Death
in that of compensation, that a Law whichby appoints
the latter is not understood to punish:appoint the former it is not
looked upon as a penal Law.
Punish however it must, a penal Law in
Yet compensation
without punishment
is an inadequate remedy
one the sense of the word, it must be, if it has is to have any
effect at all in preventing the practise which is
productive of the mischief it means to cure. And
it is by punishing that it does more good than
by indemnifying. For of the two ends prevention
and indemnificationcompensation, the former, as has been been proved,
is beyond comparison
by much the most important.
This neglect however of the principal end of Laws
The purpose of
punishment is however in has frequently
many instances however
answered without
design.
made against in restraint of private injuries has not been attended
with all the ill consequences that might at
first sight be imagined. The indemnification being
made to come oout of the pocket of the aggressor,
has produced the punishedment of course.
Now under the Laws of most all nations, indemnification
has been exacted underin most casesinstances of acknowledged
injury indemnification has been exacted: [+] | I say
[+] and therefore by that means in the
most cases it has happened that punishment
has been applied.
Yet not in all;
because compensation
has been made
defeasible by contingenies
in most, but it has not in all. For there are however
two events in by which in all those cases indemnification
is rendered not so necessary in so great a degree as it was before,
and, as it may appear upon a superficial glance, not necessary at
all. In effect upon the happening of either of these two
---page break---
|
Identifier: | JB/141/134/002"JB/" can not be assigned to a declared number type with value 141. |
|||
|---|---|---|---|
|
not numbered |
|||
|
141 |
rationale of punishment |
||
|
134 |
b. 6 ch. 4 section 3 defeazance of punishment punishment - whether defeasible by death |
||
|
002 |
|||
|
text sheet |
4 |
||
|
recto |
f1 / f2 / f3 / f4 |
||
|
jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
||
|
caroline vernon |
|||
|
48351 |
|||
