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<p>Punishment <foreign>in alienam | <p>Punishment <foreign>in alienam personam</foreign> | ||
<note>Ins:<hi rend="superscript">a</hi><lb/> | |||
Collective punishment<lb/> | |||
Corporations | |||
</note> | |||
of those who form the governing part of it. The<lb/> | of those who form the governing part of it. The<lb/> | ||
power however of adjudging such a forfeiture<lb/> | power however of adjudging such a forfeiture<lb/> | ||
has been very rarely <del>used</del><add>exercised</add>: and the insidious &<lb/> | 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 2<hi rend="superscript">d</hi></add | of it in <del>[the case of the City of London]</del> <add>from the reign of Charles 2<hi rend="superscript">d</hi></add> 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 into practise.</p> | not likely to be ever more carried into practise.</p> | ||
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and inexpedient, <del>For</del> The particular <del>[persons who</del><lb/> | 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> | <del>with</del> & that <del>with peculiar facility <gap/> with</del> much<lb/> | ||
more easily and infallibly than in the case of ordinary<lb/> | more easily and infallibly than in the case of ordinary<lb/> | ||
offences: their acts being in the very essence<lb/> | offences: their acts being in the very essence<lb/> | ||
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case such a punishment can always be laid<lb/> | 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> | more forcible motive] <add>more force</add> 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/> | ||
altogether <del>unecess</del> unecessary and mischievous. The<lb/> | altogether <del>unecess</del> unecessary and mischievous. The<lb/> | ||
punishment is sure to fail in respect of the 1<hi rend="superscript">st</hi><lb/> | punishment is sure to fail in respect of the 1<hi rend="superscript">st</hi><lb/> | ||
of the abovementioned requisites, and may<add>is very likely</add> very<lb/> | of the abovementioned requisites, and may <add>is very likely</add> very<lb/> | ||
<add>to do so</add>probably in respect of the 2<hi rend="superscript">d</hi>.</p> | <add>to do so</add> probably in respect of the 2<hi rend="superscript">d</hi>.</p> | ||
<p>Our own times have exhibited several instances<lb/> | <p>Our own times have exhibited several instances<lb/> | ||
in which punishment either<add>in reality <del>or | in which punishment either <del>has been inflicted</del> <add>in reality <del>or to</del></add><lb/> | ||
<del>or has appeared to be</del><add>or to appearance has been</add> inflicted on a <del><gap/></del> body of <add>men</add></p><pb/> | <del>or has appeared to be</del> <add>or to appearance has been</add> inflicted on a <del><gap/></del> body of <add>men</add></p><pb/> | ||
Punishment in alienam personam
Ins:a
Collective punishment
Corporations
of those who form the governing part of it. The
power however of adjudging such a forfeiture
has been very rarely used exercised: and the insidious &
unconstitutional use that was attempted to be made
of it in [the case of the City of London] from the reign of Charles 2d 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
with & 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 forcible motive] more force 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 particular guilty persons guilty,
altogether unecess unecessary and mischievous. The
punishment is sure to fail in respect of the 1st
of the abovementioned requisites, and may is very likely very
to do so probably in respect of the 2d.
Our own times have exhibited several instances
in which punishment either has been inflicted in reality or to
or has appeared to be or 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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