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<head>1825. March 23<lb/> Procedure Code.</head> <!-- next note in pencil apart from Ch and § --> <p><note>IV<lb/><sic>Ch.</sic> IX<lb/>§. Preliminary <unclear>Security</unclear><lb/>Means of | <head>1825. March 23<lb/> Procedure Code.</head> <!-- next note in pencil apart from Ch and § --> <p><note>IV<lb/><sic>Ch.</sic> IX<lb/>§. Preliminary <unclear>Security</unclear><lb/>Means of <del>enforcing</del> <add> compelling</add><lb/> disclosure</note></p> <p>Observations</p> <p><note>3<lb/>As long as evil of<lb/>non compliance outweighs<lb/>the evil of these operations<lb/> their employment<lb/> not objectionable</note></p> <p><unclear>(a)</unclear> Observations on Reasons. Supposing the above two conditions<lb/> fulfilled, there can be no <add>scarcely can there be any</add> reasonable objection<lb/>to the employment of any of these measures. By the supposition<lb/> they are necessary to the fulfilment of the ends<lb/>of justice. <del>If notwithstandin</del> For so long a time as the<lb/>patient <del><gap/> <gap/></del> persevering in non compliance, the<lb/><add><del>fact</del> indisputable fact proves that whatever pain he is enduring</add><lb/> <del><gap/></del> <add>is outweighed by the pleasure he is reaping</add> he reaps from the idea of defeating the ends<lb/> of justice. <del>a pleasure more than equivalent to the </del> <add> To indulge him in this pleasure would be <del><gap/></del> repugnant</add><lb/> <del>pain <gap/> and <gap/></del> <add> to <del><gap/> with</del> the ends</add> of justice.</p> <p><note>4<lb/> These operations produce<lb/><sic>langour</sic> and<lb/> thereby incapacity<lb/> of persevering resistance<lb/> — Not so torture which<lb/> produces excitement<lb/> and frequently enables<lb/> the patient to resist<lb/> its utmost violence</note></p> <p><add>Among of the effects</add> Of these applications is the producing <sic>langour</sic><lb/> and thence incapacity of resistance and perseverance.<lb/> <add><del>The</del> Infirm is the degree in which it is produced by</add> These modes of producing pain which have commonly<lb/> been <del>designated</del> included under the name of torture.<lb/> Not very infrequently the excitement they produce has been<lb/>sufficient to enable the patient to resist this utmost<lb/>violence. <del>The tendency of them</del> <add> Among their tendencies is</add> their <del><gap/></del> salutary<lb/> one of exciting towards all those who are instrumental<lb/>in the infliction of them from the Legislator down to the<lb/>executioners <del>and</del> a sentiment of abhorrence no <add>less</add> well-grounded<lb/> than <unclear>materials</unclear> in so much that no inconsiderable<lb/> extent even under the most arbitrary governments<lb/> this mode of eliciting disclosure for judicial purposes<lb/> has been abundant. When Torture has produced the effect sought<lb/> or failed of producinng it, frequently have the <del>pur</del> <sic>afflictive</sic< effects of it continued throughout life. <lb/><!-- continues up the right hand side of the page --> Of <gap/> and finding the <sic>afflictive</sic> effects <gap/> as <gap/> as this application <del><gap/></del> ceases.</p> <p><note>5<lb/>5<lb/>Proposed <sic>inflictions</sic> though<lb/> adapted for compulsion<lb/>totally inappropriate<lb/> for punishment</note></p> <p><del><gap/></del> As to the here proposed inflictions well adapted<lb/> as they are to the purpose of <gap/> <add> i.e. to the purpose of producing <hi rend="underline">action</hi> to a <gap/> effect<lb/>adapted to the purpose of punishment— not to the purpose<lb/> of providing punishment — i.e. more suffering for the<lb/> preventing repetition of the like offence by the patient and<lb/>for deterring others.</p> | ||
1825. March 23
Procedure Code.
IV
Ch. IX
§. Preliminary Security
Means of enforcing compelling
disclosure
Observations
3
As long as evil of
non compliance outweighs
the evil of these operations
their employment
not objectionable
(a) Observations on Reasons. Supposing the above two conditions
fulfilled, there can be no scarcely can there be any reasonable objection
to the employment of any of these measures. By the supposition
they are necessary to the fulfilment of the ends
of justice. If notwithstandin For so long a time as the
patient persevering in non compliance, the
fact indisputable fact proves that whatever pain he is enduring
is outweighed by the pleasure he is reaping he reaps from the idea of defeating the ends
of justice. a pleasure more than equivalent to the To indulge him in this pleasure would be repugnant
pain and to with the ends of justice.
4
These operations produce
langour and
thereby incapacity
of persevering resistance
— Not so torture which
produces excitement
and frequently enables
the patient to resist
its utmost violence
Among of the effects Of these applications is the producing langour
and thence incapacity of resistance and perseverance.
The Infirm is the degree in which it is produced by These modes of producing pain which have commonly
been designated included under the name of torture.
Not very infrequently the excitement they produce has been
sufficient to enable the patient to resist this utmost
violence. The tendency of them Among their tendencies is their salutary
one of exciting towards all those who are instrumental
in the infliction of them from the Legislator down to the
executioners and a sentiment of abhorrence no less well-grounded
than materials in so much that no inconsiderable
extent even under the most arbitrary governments
this mode of eliciting disclosure for judicial purposes
has been abundant. When Torture has produced the effect sought
or failed of producinng it, frequently have the pur afflictive</sic< effects of it continued throughout life.
Of and finding the <sic>afflictive effects as as this application ceases.
5
5
Proposed inflictions though
adapted for compulsion
totally inappropriate
for punishment
As to the here proposed inflictions well adapted
as they are to the purpose of <add> i.e. to the purpose of producing action to a effect
adapted to the purpose of punishment— not to the purpose
of providing punishment — i.e. more suffering for the
preventing repetition of the like offence by the patient and
for deterring others.
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jeremy bentham |
j whatman turkey mill 1824 |
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admiral pavel chichagov |
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