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<head>9 March 1811 | <head>9 March 1811 | ||
Punishment - […] Definitions and Distinctions</head> | Punishment - […] Definitions and Distinctions</head> | ||
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57 or 1 | 57 or 1 | ||
Relation between restraint | Relation between restraint | ||
and punishment | |||
Of every prohibition law | Of every prohibition law | ||
restraint is directly | restraint is directly | ||
intentional object, | intentional object, whatsoever<lb/> | ||
evil is […] | |||
[…] attached to it | […] attached to it | ||
the collaterally | the collaterally intentional<lb/>. | ||
p. 27. | |||
56 or 2 | 56 or 2 | ||
This evil may be in | This evil may be in | ||
any proportion less or | any proportion less or | ||
greater than the good | greater than the good | ||
if any aimed at. | if any aimed at. p 27 | ||
59 or 3 | 59 or 3 | ||
Restraint may also | Restraint may also | ||
be a mediately | be a mediately intentional<lb/> | ||
object: viz where | |||
the evil of it I | the evil of it I employed<lb/> | ||
as an eventual punishment<lb/>, | |||
to secure | |||
[…] to constraint | […] to constraint | ||
or to restraint in some | or to restraint in some | ||
other shape. | other shape. p 27. | ||
60 or 4 | 60 or 4 | ||
The same restraint can | The same restraint can | ||
not operate in both […] | not operate in both […]<lb/>. | ||
[ | p 27. | ||
<p>⧼toolbar-peri-paragraph⧽</p> | |||
constraint | |||
61 or 1 | |||
7 or 1. Relation between | |||
compulsion and punishment | |||
In compulsion as in | |||
restraint, result aimed | |||
at by the legislator is | |||
the reverse of that of the | |||
offensive acts done by | |||
a delinquent. P. 28 | |||
Offence positive, result | |||
aimed at negative: viz | |||
restraint | |||
Offence negative result | |||
aimed at positive: viz | |||
compulsion. p 28. | |||
62 | |||
Act positive commanded <lb/> | |||
and meant to be completed <lb/> | |||
, offence negative. | |||
To and for this offence suppose<lb/> | |||
punishment applied | |||
if to avoid similar punishment<lb/> | |||
in future | |||
the offender performed | |||
[...] [...] the like | |||
acts in future compulsion<lb/> | |||
is by this punishment<lb/> | |||
produced in <hi rend="underline">his</hi> | |||
instance. | |||
So in the instance of | |||
<hi rend="underline">others</hi> if compelled to | |||
obedience, they do p 28. | |||
likewise. | |||
''This Page Has Not Been Transcribed Yet'' | ''This Page Has Not Been Transcribed Yet'' |
9 March 1811 Punishment - […] Definitions and Distinctions
Rule Restraint
57 or 1
Relation between restraint
and punishment
Of every prohibition law
restraint is directly
intentional object, whatsoever
evil is […]
[…] attached to it
the collaterally intentional
.
p. 27. 56 or 2
This evil may be in any proportion less or greater than the good if any aimed at. p 27
59 or 3
Restraint may also
be a mediately intentional
object: viz where
the evil of it I employed
as an eventual punishment
,
to secure
[…] to constraint
or to restraint in some
other shape. p 27.
60 or 4
The same restraint can
not operate in both […]
.
p 27.
⧼toolbar-peri-paragraph⧽
constraint
61 or 1
7 or 1. Relation between compulsion and punishment In compulsion as in restraint, result aimed at by the legislator is the reverse of that of the offensive acts done by a delinquent. P. 28 Offence positive, result aimed at negative: viz restraint Offence negative result aimed at positive: viz compulsion. p 28.
62
Act positive commanded
and meant to be completed
, offence negative.
To and for this offence suppose
punishment applied
if to avoid similar punishment
in future
the offender performed
[...] [...] the like
acts in future compulsion
is by this punishment
produced in his
instance.
So in the instance of
others if compelled to
obedience, they do p 28.
likewise.
This Page Has Not Been Transcribed Yet
Identifier: | JB/159/004/001"JB/" can not be assigned to a declared number type with value 159. |
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1811-03-09 |
57 or 1 - 60 or 4, 61 or 1, 62 |
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159 |
punishment |
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004 |
punishment ch. 1 definitions and distinctions |
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001 |
restraint / constraint |
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marginal summary sheet |
1 |
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recto |
d4 |
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th 1806 |
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andre morellet |
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1806 |
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53827 |
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