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<head>20<lb/> | |||
C<lb/> | |||
Offences against Justice</head> | |||
<p>1. will serve to divide acts of corruption into so many<lb/> | |||
species: of which bribery and time-serving are but <lb/> | |||
two <del><gap/></del> examples out of many.</p> | |||
<p>2 From p. 17 at bottom<lb/> | |||
NOTE continued<lb/> | |||
punishment is too great, it may be conceived as divided<lb/> | |||
into two portions: <del>in respect of</del> that which <lb/> | |||
is properly suited to the offence; and that by which<lb/> | |||
the whole punishment exceeds <unclear>the</unclear> proper quantity.<lb/> | |||
<del>T</del> This first portion then is properly applied<lb/> | |||
to the offence: but the remainder stands by itself<lb/> | |||
and has no offence to be applied to. In respect<lb/> | |||
of this first portion then a person who is not an<lb/> | |||
offender is treated as if he were. The converse<lb/> | |||
may be observed of the case where the punishment<lb/> | |||
is too little: a person who is an offender<lb/> | |||
is <hi rend='underline'>pro tanto</hi> treated as if he were not so. In<lb/> | |||
the case where the punishment applied is<lb/> | |||
wrong in kind, both the above defects are united:<lb/> | |||
a person who with respect to the punishment<lb/> | |||
inflicted is not an offender is punished as<lb/> | |||
if he were: and the same person <del>being</del> who in respect<lb/> | |||
of another punishment <add>is</add> an offender, is in <lb/> | |||
respect of that punishment not punished. Not that <lb/> | |||
by this double defect the mischief is doubled: on the <lb/> | |||
contrary the one failure lessens <hi rend='underline'>pro tanto</hi> the mischief of the <lb/> | |||
other.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
20
C
Offences against Justice
1. will serve to divide acts of corruption into so many
species: of which bribery and time-serving are but
two examples out of many.
2 From p. 17 at bottom
NOTE continued
punishment is too great, it may be conceived as divided
into two portions: in respect of that which
is properly suited to the offence; and that by which
the whole punishment exceeds the proper quantity.
T This first portion then is properly applied
to the offence: but the remainder stands by itself
and has no offence to be applied to. In respect
of this first portion then a person who is not an
offender is treated as if he were. The converse
may be observed of the case where the punishment
is too little: a person who is an offender
is pro tanto treated as if he were not so. In
the case where the punishment applied is
wrong in kind, both the above defects are united:
a person who with respect to the punishment
inflicted is not an offender is punished as
if he were: and the same person being who in respect
of another punishment is an offender, is in
respect of that punishment not punished. Not that
by this double defect the mischief is doubled: on the
contrary the one failure lessens pro tanto the mischief of the
other.
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Identifier: | JB/072/073/004"JB/" can not be assigned to a declared number type with value 72. |
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6-7, 9 |
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072 |
penal code |
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073 |
division of offences against justice |
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004 |
note |
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text sheet |
4 |
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|
recto |
f17 / f18 / f19 / f20 |
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|
jeremy bentham |
[[watermarks::s. lay [britannia with shield emblem]]] |
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alexander mavrokordatos |
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23690 |
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