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''This | <note>Inf<hi rend="superscript">n</hi><lb/> | ||
Incompetency</note><head>Punishment in alienam personam</head> | |||
<p>to save the convict. The general prejudicce of mankind<lb/> | |||
as we have <add>before</add> discovered, leads them to exageration<lb/> | |||
<del>on them</del><add>in the</add> judgement they pronounce of the general<lb/> | |||
tenor of a man's character from a single action:<lb/> | |||
in particular to spread the stain that a single<lb/> | |||
act of delinquency brings upon a man's character<lb/> | |||
farther than according to reason it ought to go.<lb/> | |||
It is from having been the dupes <add>as I take it</add> of this prejudice<lb/> | |||
that even judges, the <sic>antient</sic> who first laid<lb/> | |||
down the law upon this point, first broached<add><del>brought af</del></add> this<lb/> | |||
rule. It may always be expected to work at least<lb/> | |||
as strongly as it ought to work upon Juries <del><gap/></del> taken<lb/> | |||
from the body of the people.</p> | |||
<p>Were it then abolished, the conduct of Juries<lb/> | |||
<note>The above as proper<lb/> | |||
as objections<lb/> | |||
not to <del>the</del> competency<lb/> | |||
but only to<lb/> | |||
credibility</note> then you think, would nearly be the same as if it<lb/> | |||
subsisted?... I think it probable,-- What <del>thought</del><add><gap/></add><lb/> | |||
then could you gain by the abolition?... This<lb/> | |||
great one. The chance that a delinquent might<lb/> | |||
have of impunity in such a case would no<lb/> | |||
longer be visible upon paper: he would no longer<lb/> | |||
see a formal licence given him by the letter of<lb/> | |||
the law to committ all manner of wickedness in<lb/> | |||
presence of <del>[such an object]</del> an object circumstanced<lb/> | |||
like the party in question: if a guily person were<lb/> | |||
aquitted upon that ground it would appear<lb/> | |||
as if upon the whole story was not credible, and<lb/> | |||
that in fact as no such crime was committed as was<lb/> | |||
charged, not having been committed it was<lb/> | |||
suffer'd to go unpunished. This then is the advantage<lb/> | |||
and I thinkk a <del>great cannot</del><add>more conclusive <gap/> <gap/> will</add> be required to <add><del>justify</del></add> | |||
justify any institution</p><pb/> | |||
Infn
IncompetencyPunishment in alienam personam
to save the convict. The general prejudicce of mankind
as we have before discovered, leads them to exageration
on themin the judgement they pronounce of the general
tenor of a man's character from a single action:
in particular to spread the stain that a single
act of delinquency brings upon a man's character
farther than according to reason it ought to go.
It is from having been the dupes as I take it of this prejudice
that even judges, the antient who first laid
down the law upon this point, first broachedbrought af this
rule. It may always be expected to work at least
as strongly as it ought to work upon Juries taken
from the body of the people.
Were it then abolished, the conduct of Juries
The above as proper
as objections
not to the competency
but only to
credibility then you think, would nearly be the same as if it
subsisted?... I think it probable,-- What thought
then could you gain by the abolition?... This
great one. The chance that a delinquent might
have of impunity in such a case would no
longer be visible upon paper: he would no longer
see a formal licence given him by the letter of
the law to committ all manner of wickedness in
presence of [such an object] an object circumstanced
like the party in question: if a guily person were
aquitted upon that ground it would appear
as if upon the whole story was not credible, and
that in fact as no such crime was committed as was
charged, not having been committed it was
suffer'd to go unpunished. This then is the advantage
and I thinkk a great cannotmore conclusive will be required to justify
justify any institution
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Identifier: | JB/141/147/002"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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147 |
punishment in alienam personam |
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002 |
incompetency |
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text sheet |
2 |
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recto |
f60 / f61 |
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jeremy bentham |
l v g |
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|
caroline vernon |
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48364 |
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