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<head>Punishment in alienam personam</head> | <head>Punishment <foreign>in alienam personam</foreign></head> | ||
<p> | <p>If the Law were known to be <add>in this behalf</add> as it has <add>been</add> said to be,<lb/> | ||
the nation would<add>must</add> long ago have been <add>one continued</add> a scene of<lb/> | the nation would <add>must</add> long ago have been <add>one continued</add> <del>a</del> scene of<lb/> | ||
lust, cruelty and rapine: but it < | lust, cruelty and rapine: but it <del><gap/></del> <add>happens</add> here as it<lb/> | ||
will sometimes happen in other instances, one mischief<lb/> | will sometimes happen in other instances, one mischief<lb/> | ||
operates as a palliative to another: the extreme<lb/> | operates as a palliative to another: the extreme<lb/> | ||
absurdity of the Law is veiled by men's utter<lb/> | absurdity of the Law is veiled by men's utter<lb/> | ||
ignorance of <sic>it's</sic> contents.</p> | ignorance of <sic>it's</sic> contents.</p> | ||
<p><del>Let us reverse the tables</del><add>Let us turn back & look | |||
<p><del>Let us reverse the tables</del> <add>Let us turn back & look on the other side.</add>. What <add>then</add> would be <note>Little danger<lb/>from the admission<lb/> | |||
of promiscuous <lb/> | of promiscuous <lb/> | ||
evidence not<lb/> | evidence not<lb/> | ||
so great as it<lb/> | so great as it<lb/> | ||
seems to be</note><lb/> | seems to be</note><lb/> | ||
the mischief<add><del>danger</del></add> of admitting the testimony of <del>persons</del><add>a man</add><lb/> | the mischief <add><del>danger</del></add> of admitting the testimony of <del>persons</del><add>a man</add><lb/> | ||
thus stigmatized - I see none: none at least that<lb/> | thus stigmatized - I see none: none at least that<lb/> | ||
can for a moment stand in competition with the<lb/> | can for a moment stand in competition with the<lb/> | ||
mischief on the other side. <del>The A</del><add>"But the</add> person so stigmatized<lb/> | mischief on the other side. <del>The A</del> <add>"But the</add> person so stigmatized<lb/> | ||
does not deserve to be believed?"- Does<lb/> | does not deserve to be believed?"- Does<lb/> | ||
he not? why am I to think so? because you<lb/> | he not? why am I to think so? because you<lb/> | ||
say so? - No: but because men in general<lb/> | say so? - No: but because men in general<lb/> | ||
<add>will</add> say so too? And will they then? - Yes surely<lb/> | <add>will</add> say so too? And will they then? - Yes surely<lb/> | ||
will they. — I do believe <del>so too</del><add>it</add>, and therefore<lb/> | will they. — I do believe <del>so too</del> <add>it</add>, and therefore<lb/> | ||
<add>it is</add> I say there is no danger. Let him be known<lb/> | <add>it is</add> I say there is no danger. Let him be known<lb/> | ||
for <del>such</del><add>what he is</add>, and a Jury will be under the strongest<lb/> | for <del>such</del> <add>what he is</add>, and a Jury will be under the strongest<lb/> | ||
bias not to believe him. Their prejudice will<lb/> | bias not to believe him. Their prejudice will<lb/> | ||
bear strong against him: <del>and | bear strong against him: <del>and express nothing but</del><add>nor will any thing less than</add><lb/> | ||
<del>may</del><add>the</add> strongest degree of probability and the most perfect<lb/> | <del>may</del> <add>the</add> strongest degree of probability and the most perfect<lb/> | ||
consistency in the whole narration [<del>can prevail with</del><add>will be sufficient</add><lb/> | consistency in the whole narration [<del>can prevail with</del> <add>will be sufficient</add><lb/> | ||
<del>then]</del> to induce them to believe it. <del>The</del> I see not what<lb/> | <del>then]</del> to induce them to believe it. <del>The</del> I see not what<lb/> | ||
it is that should justify the extreme distrust which<lb/> | it is that should justify the extreme distrust which<lb/> | ||
Judges have <sic>shewn</sic> of Juries in establishing this rule:<lb/> | Judges have <sic>shewn</sic> of Juries in establishing this rule:<lb/> | ||
especially as in case of conviction of <del>per</del><add>one</add> innocent<lb/> | especially as in case of conviction of <del>per</del> <add>one</add> innocent<lb/> | ||
person <add>[+]</add> it is so entirely in the power of the Judge <add>to</add> <note>[+] which is the greatest<lb/>danger the case<lb/> | person <add>[+]</add> it is so entirely in the power of the Judge <add>to</add> <note>[+] which is the greatest<lb/>danger the case<lb/> | ||
is <del>liable</del> open to</note></p><pb/> | is <del>liable</del> open to</note></p><pb/> | ||
Punishment in alienam personam
If the Law were known to be in this behalf as it has been said to be,
the nation would must long ago have been one continued a scene of
lust, cruelty and rapine: but it happens here as it
will sometimes happen in other instances, one mischief
operates as a palliative to another: the extreme
absurdity of the Law is veiled by men's utter
ignorance of it's contents.
Let us reverse the tables Let us turn back & look on the other side.. What then would be Little danger
from the admission
of promiscuous
evidence not
so great as it
seems to be
the mischief danger of admitting the testimony of personsa man
thus stigmatized - I see none: none at least that
can for a moment stand in competition with the
mischief on the other side. The A "But the person so stigmatized
does not deserve to be believed?"- Does
he not? why am I to think so? because you
say so? - No: but because men in general
will say so too? And will they then? - Yes surely
will they. — I do believe so too it, and therefore
it is I say there is no danger. Let him be known
for such what he is, and a Jury will be under the strongest
bias not to believe him. Their prejudice will
bear strong against him: and express nothing butnor will any thing less than
may the strongest degree of probability and the most perfect
consistency in the whole narration [can prevail with will be sufficient
then] to induce them to believe it. The I see not what
it is that should justify the extreme distrust which
Judges have shewn of Juries in establishing this rule:
especially as in case of conviction of per one innocent
person [+] it is so entirely in the power of the Judge to [+] which is the greatest
danger the case
is liable open to
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Identifier: | JB/141/147/001"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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147 |
punishment in alienam personam |
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001 |
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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