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C 47
Of Confinement Reasons
Unlawful Confinement is where either absolute
or co-ercive. It is absolute co-ercive when
it is inflicted for the purpose of compelling
a person to do or abstain from something
which it is not doing such or such a thing.
It is absolute when it it is inflicted upon him without
any such further purpose.
Quest. IV
Why the strangeness of the place of confinement
is made a ground of aggravation?
Reasons
1. Because it increases the mischief of the offence:
See Introd. Ch. Of proportion See Introd. Ch [Of
proportion &c] Rule to wit the primary mischief. See
Aggrav. I. Instructions.
Quest. V.
Why the concealment of the place
2. Because by encreasing the difficulty of detection:
thereby it encreasinges the uncertainty of the punishment in point of duration the mischief
See Introd. Ch. [Of proportion &c] Rule of the offence: to wit the primary: and thence also
the secondary. The The stranger and more remote and in general short the
stranger the place is which is the scene of a
man's confinement in the 1st place the less likely are his friends
to know where he is, or if they do know, to be
able to deliver him. To p. 48 par
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Identifier: | JB/071/127/003"JB/" can not be assigned to a declared number type with value 71. |
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38-39 |
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071 |
penal code |
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127 |
of confinement |
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003 |
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text sheet |
4 |
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recto |
f45 / f46 / f47 / f48 |
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jeremy bentham |
[[watermarks::s. lay [britannia with shield emblem]]] |
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alexander mavrokordatos |
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23530 |
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