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<p><head>9 March 1811 | |||
<head>9 March 1811 | Punishment. Ch. 1. Definitions and Distinctions</head></p> | ||
Punishment | <p>57 or 1<lb/> | ||
Relation between restraint<lb/> | |||
& punishment.<lb/> | |||
Of every prohibitive law<lb/> | |||
Relation between restraint | restraint is directly<lb/> | ||
Of every | |||
restraint is directly | |||
intentional object, whatsoever<lb/> | intentional object, whatsoever<lb/> | ||
evil is | evil is inseparably<lb/> | ||
attached to it <lb/> | |||
the collaterally intentional | the collaterally intentional. p.27.</p> | ||
<p>56 or 2<lb/> | |||
This evil may be in<lb/> | |||
This evil may be in | any proportion less or<lb/> | ||
any proportion less or | greater than the good<lb/> | ||
greater than the good | if any aimed at. p.27</p> | ||
if any aimed at. | <p>59 or 3.<lb/> | ||
Restraint may also <lb/> | |||
Restraint may also | |||
be a mediately intentional<lb/> | be a mediately intentional<lb/> | ||
object: viz where | object: viz where<lb/> | ||
the evil of it I employed<lb/> | the evil of it I employed<lb/> | ||
as an eventual punishment<lb/> | as an eventual punishment,<lb/> | ||
to secure | to secure<lb/> | ||
submission to constraint<lb/> | |||
or to restraint in some | or to restraint in some <lb/> | ||
other shape. | other shape. p.27.</p> | ||
<p>60 or 4<lb/> | |||
The same restraint can | The same restraint can<lb/> | ||
not operate in both | not operate in both characters. p.27.</p> | ||
<pb/> | |||
<p>61 or 1.<lb/> | |||
7 or 1. Relation between <lb/> | |||
<p> | compulsion and punishment.<lb/> | ||
In compulsion as in<lb/> | |||
restraint, result aimed<lb/> | |||
at by the legislator is<lb/> | |||
7 or 1. Relation between | the reverse of that of the<lb/> | ||
compulsion and punishment | offensive acts done by <lb/> | ||
In compulsion as in | a delinquent. p.28<lb/> | ||
restraint, result aimed | Offence positive, result<lb/> | ||
at by the legislator is | aimed at negative: viz<lb/> | ||
the reverse of that of the | restraint <lb/> | ||
offensive acts done by | Offence negative result<lb/> | ||
a delinquent. | aimed at positive: viz<lb/> | ||
Offence positive, result | compulsion. p 28.</p> | ||
aimed at negative: viz | <p>62<lb/> | ||
restraint | |||
Offence negative result | |||
aimed at positive: viz | |||
compulsion. | |||
Act positive commanded <lb/> | Act positive commanded <lb/> | ||
and meant to be completed <lb/> | and meant to be completed,<lb/> | ||
offence negative. <lb/> | |||
To | To & for this offence suppose<lb/> | ||
punishment applied | punishment applied <lb/> | ||
if to avoid similar punishment<lb/> | if to avoid similar punishment<lb/> | ||
in future | in future<lb/> | ||
the offender | the offender performs<lb/> | ||
<foreign>toties quoties</foreign> the like<lb/> | |||
acts in future compulsion<lb/> | acts in future compulsion<lb/> | ||
is by this punishment<lb/> | is by this punishment<lb/> | ||
produced in <hi rend="underline">his</hi> | produced in <hi rend="underline">his</hi> | ||
instance. | instance.<lb/> | ||
So in the instance of | So in the instance of<lb/> | ||
<hi rend="underline">others</hi> if compelled to | <hi rend="underline">others</hi> if compelled to<lb/> | ||
obedience, | obedience, deterred from<lb/> | ||
disobedience, the do<lb/> | |||
likewise. p 28.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Ready_For_Review}} | ||
9 March 1811 Punishment. Ch. 1. Definitions and Distinctions
57 or 1
Relation between restraint
& punishment.
Of every prohibitive law
restraint is directly
intentional object, whatsoever
evil is inseparably
attached to it
the collaterally intentional. p.27.
56 or 2
This evil may be in
any proportion less or
greater than the good
if any aimed at. p.27
59 or 3.
Restraint may also
be a mediately intentional
object: viz where
the evil of it I employed
as an eventual punishment,
to secure
submission to constraint
or to restraint in some
other shape. p.27.
60 or 4
The same restraint can
not operate in both characters. p.27.
---page break---
61 or 1.
7 or 1. Relation between
compulsion and punishment.
In compulsion as in
restraint, result aimed
at by the legislator is
the reverse of that of the
offensive acts done by
a delinquent. p.28
Offence positive, result
aimed at negative: viz
restraint
Offence negative result
aimed at positive: viz
compulsion. p 28.
62
Act positive commanded
and meant to be completed,
offence negative.
To & for this offence suppose
punishment applied
if to avoid similar punishment
in future
the offender performs
toties quoties the like
acts in future compulsion
is by this punishment
produced in his
instance.
So in the instance of
others if compelled to
obedience, deterred from
disobedience, the do
likewise. p 28.
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Identifier: | JB/159/004/001"JB/" can not be assigned to a declared number type with value 159. |
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1811-03-09 |
57 or 1 - 60 or 4, 61 or 1, 62 |
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159 |
punishment |
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004 |
punishment ch. 1 definitions and distinctions |
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001 |
restraint / constraint |
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marginal summary sheet |
1 |
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recto |
d4 |
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th 1806 |
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andre morellet |
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1806 |
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53827 |
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