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<head><!-- Pencil heading -->Punishment distinguished & defined</head> | <head><!-- Pencil heading -->Punishment distinguished & defined</head> | ||
be defined, pain produced by a person | be defined, pain produced by a person acting with a direct<lb/> | ||
—<lb/> | —<lb/> | ||
<p>Note.</p> | <p>Note.</p> | ||
<p>prevention, an act of compensation, and Act of Self-preservation?< | <p>prevention, an act of compensation, and Act of Self-preservation?</p> | ||
I answer, that considering the act in itself and previously to the<lb/> | <p>I answer, that considering the act in itself and previously to the<lb/> | ||
happening of any effect which it was the aim of it to produce, it<lb/> | happening of any effect which it was the aim of it to produce, it<lb/> | ||
might be all or any of these, according to the intention of those<lb/> | might be all or any of these, according to the intention of those<lb/> | ||
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in future from doing Acts of a sort for which such damages<lb/> | in future from doing Acts of a sort for which such damages<lb/> | ||
were given or in other words of preventing the mischief apprehended<lb/> | were given or in other words of preventing the mischief apprehended<lb/> | ||
from Acts of that sort: it was in him an | from Acts of that sort: it was in him an Act of<lb/> | ||
with respect to Lord Halifax as well as with respect<lb/> | restraint with respect to Lord Halifax as well as with respect<lb/> | ||
to all such persons as might be under temptation to act<lb/> | to all such persons as might be under temptation to act<lb/> | ||
as he did: an act of prevention with resect to the mischiefs <add>liable</add><lb/> | as he did: an act of prevention with resect to the mischiefs <add>liable</add><lb/> | ||
C
Punishment distinguished & defined
be defined, pain produced by a person acting with a direct
—
Note.
prevention, an act of compensation, and Act of Self-preservation?
I answer, that considering the act in itself and previously to the
happening of any effect which it was the aim of it to produce, it
might be all or any of these, according to the intention of those
whose Act it was.
1. If any Juryman intended by it to produce pain in Lord Halifax
for the pleasure he took in thinking of that pain, the
Juror (whether on a public or private account) being angry with
Lord Halifax, if the Juryman's intention, I say, was to produce
pain in him, and nothing farther, in such Juryman it was
an Act of vengeance, and so on that account an act of punishment.
2. If any Juryman did it in view of restraining Lord Halifax
or any one who might occupy that Nobleman's place
in future from doing Acts of a sort for which such damages
were given or in other words of preventing the mischief apprehended
from Acts of that sort: it was in him an Act of
restraint with respect to Lord Halifax as well as with respect
to all such persons as might be under temptation to act
as he did: an act of prevention with resect to the mischiefs liable
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Identifier: | JB/159/033/008"JB/" can not be assigned to a declared number type with value 159. |
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159 |
punishment |
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033 |
punishment distinguished & defined |
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008 |
note |
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copy/fair copy sheet |
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f13 / f14 / f15 / f16 |
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[[watermarks::myears [lion with crown motif]]] |
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caroline fox |
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53856 |
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