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<p>Punishment | <p>Punishment <foreign>in alienam perforam</foreign><lb/> | ||
of those who | of those who form the governing part of it. The<lb/> | ||
power however of | power however of adjudging such a forfeiture<lb/> | ||
has been very rarely <del>used</del><add>exercised</add>: and the | has been very rarely <del>used</del><add>exercised</add>: and the insidious &<lb/> | ||
unconstitutional use that was attempted to be made<lb/> | unconstitutional use that was attempted to be made<lb/> | ||
of it in <add>from the reign of Charles | of it in [<add>from the reign of Charles 2<hi rend="superscript">d</hi></add><del>the case of the City of London]</del> has cast<lb/> | ||
a stigma on the general doctrine: so that it is<lb/> | a stigma on the general doctrine: so that it is<lb/> | ||
not likely to be ever more carried | not likely to be ever more carried into practise.</p> | ||
Such a mode of Punishment is plainly unnecessary<lb/> | <p>Such a mode of Punishment is plainly unnecessary<lb/> | ||
and inexpedient, For | and inexpedient, <del>For</del> The particular <del>[persons who</del><lb/> | ||
<del>have been]</del> delinquents <add>in this way</add> may always be ascertained<lb/> | <del>have been]</del> delinquents <add>in this way</add> may always be ascertained<lb/> | ||
<del>will</del> & that <del>with peculiar facility <gap/> with</del> much<lb/> | <del>will</del> & that <del>with peculiar facility <gap/> with</del> much<lb/> | ||
| Line 18: | Line 18: | ||
offences: their acts being in the very essence<lb/> | offences: their acts being in the very essence<lb/> | ||
of them <add>public &</add> notorious. <del>By the means</del> This being the<lb/> | of them <add>public &</add> notorious. <del>By the means</del> This being the<lb/> | ||
case such a punishment can | case such a punishment can always be laid<lb/> | ||
on the individuals as shall [constitute a much<add>operate with much</add><lb/> | on the individuals as shall [constitute a much<add>operate with much</add><lb/> | ||
more forcible<add>more force</add> motive] than the trifling punishment<lb/> | more forcible<add>more force</add> motive] than the trifling punishment<lb/> | ||
they would <del>undergo</del><add>sustain</add> in common with their innocent <lb/> | they would <del>undergo</del><add>sustain</add> in common with their innocent <lb/> | ||
b<del>y</del>rethren by the loss of their corporate rights<lb/> | b<del>y</del>rethren by the loss of their corporate rights.<lb/> | ||
The punishment of forfeiture is therefore with respect<lb/> | The punishment of forfeiture is therefore with respect<lb/> | ||
to all but the particular<add>guilty</add> persons guilty<lb/> | to all but the particular<add>guilty</add> persons guilty<lb/> | ||
Punishment in alienam perforam
of those who form the governing part of it. The
power however of adjudging such a forfeiture
has been very rarely usedexercised: and the insidious &
unconstitutional use that was attempted to be made
of it in [from the reign of Charles 2dthe case of the City of London] has cast
a stigma on the general doctrine: so that it is
not likely to be ever more carried into practise.
Such a mode of Punishment is plainly unnecessary
and inexpedient, For The particular [persons who
have been] delinquents in this way may always be ascertained
will & that with peculiar facility with much
more easily and infallibly than in the case of ordinary
offences: their acts being in the very essence
of them public & notorious. By the means This being the
case such a punishment can always be laid
on the individuals as shall [constitute a muchoperate with much
more forciblemore force motive] than the trifling punishment
they would undergosustain in common with their innocent
byrethren by the loss of their corporate rights.
The punishment of forfeiture is therefore with respect
to all but the particularguilty persons guilty
altogether unecess unecessary and mischievous. The
punishment is sure to fail in respect of the 1st
of the abovementioned requisites, and mayis very likely very
to do soprobably in respect of the 2d.
Our own times have exhibited several instances
in which punishment eitherin reality or has been inflicted
or has appeared to beor to appearance has been inflicted on a body of men
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Identifier: | JB/141/137/001"JB/" can not be assigned to a declared number type with value 141. |
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not numbered |
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141 |
rationale of punishment |
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137 |
punishment in alienam personam |
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001 |
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text sheet |
2 |
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recto |
f34 / f35 |
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jeremy bentham |
[[watermarks::propatria [britannia motif]]] |
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48354 |
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