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Law, declared against a priviligiam, without<lb/> | Law, declared against a priviligiam, without<lb/> | ||
knowing what it meant</p> | knowing what it meant</p> | ||
The Waltham Black Act was a | The Waltham Black Act was a priviligidium:<lb/> | ||
but it was not an ex post facto Law. | but it was not an ex post facto Law. <add>Par</add> All <lb/> | ||
Acts of | Acts of Attainder are strictly Privilegia.<lb/> | ||
To speak the truth <add>every great</add> <add>the greatest</add> part of the<lb/> | |||
in the manner legislation has been conducted hitherto | in the manner legislation has been conducted hitherto <note>[+] of the same<lb/> | ||
Laws we | kind as</note><lb/> | ||
For an Ex post-facto Law | Laws we make, are in a manner Priviligia.<lb/> | ||
must appear that the mischief of the act made | For an <add>Ex post-facto Law</add> <del>Priviligium</del> to be justifiable, it<lb/> | ||
penal by it is greater than the mischief of the | must appear that the mischief of the act made<lb/> | ||
penal by it is greater than the mischief of the <note>an act of the description<lb/> | |||
of that in<lb/> | |||
question</note><lb/> | |||
example of the Law.</p> | |||
<p>The mischief of the example of the Law consists <lb/> | |||
in the idea of insecurity <add>the pain of apprehension</add> which it <lb/> | |||
only as a restriction of greater evil, for it | serves to spread among the people. For that<lb/> | ||
to rest only on those few | pain not to be a pure? evil, for it to operate<lb/><pb/> | ||
greater evil was otherwise to be apprehended | |||
the following conditions must be observed.+ | only as a restriction of greater evil, for it<lb/> | ||
It must be | to rest only on those few from whom a<lb/> | ||
greater evil was otherwise to be apprehended<lb/> | |||
<note>+ attended to</note> the following conditions must be observed.+</p> | |||
It must be <add>made in</add> <del>founded another</del> contemplation<lb/> | |||
of some mischief. It is in fact always pro- | of some mischief. It is in fact always pro- | ||
posed? to be made in contemplation of some | posed? to be made in contemplation of some | ||
A Priviligium and an ex post facto Law
are not the same thing: they are very different
care must be taken not to confound them
Cicero who had sufferd by an ex post-facto
Law, declared against a priviligiam, without
knowing what it meant
The Waltham Black Act was a priviligidium:
but it was not an ex post facto Law. Par All
Acts of Attainder are strictly Privilegia.
To speak the truth every great the greatest part of the
in the manner legislation has been conducted hitherto [+] of the same
kind as
Laws we make, are in a manner Priviligia.
For an Ex post-facto Law Priviligium to be justifiable, it
must appear that the mischief of the act made
penal by it is greater than the mischief of the an act of the description
of that in
question
example of the Law.
The mischief of the example of the Law consists
in the idea of insecurity the pain of apprehension which it
serves to spread among the people. For that
pain not to be a pure? evil, for it to operate
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only as a restriction of greater evil, for it
to rest only on those few from whom a
greater evil was otherwise to be apprehended
+ attended to the following conditions must be observed.+
It must be made in founded another contemplation
of some mischief. It is in fact always pro-
posed? to be made in contemplation of some
mischief: For Legislator xxx he he who he
may is neither so weak nor so shamefaced
tp ...
That Mischief is the product of an Act + [+ of the same king as] either performed already or only apprehended. If [/of an act] performed already, then it is [x/???] [/either cause [x/that not] [/xan] was not a crime before, or [mn/an act of the description of that in question] tho a crime not sufficiently penal: or that aa crime and sufficiently penal, ... the act in question was done under circumstances that left not sufficient evidence of its having been committed. An Ex-post-facto Law is therefore made
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to remedy? a supposed defect either in the legislative department or the Judiciary. If an Ex post-facto [/Law] is justifiable at all under any of the foregoing circumstances if it is on this ground that the impunity of the offendor viz., such a degree of impuunity as would exhibit were it not for the Law is an encouragement to others to committ all such other mischievous acts whatever they may be as are not yet provided with [x/the required?] [/sufficient] punishment: and ti must appear that the probable evil of such indetermined acts is greater than the probable evil consisting in the danger of the abuse of Lovers? of this statute?; that is the applying them to [x/Law?] persons not guil- -ty of mischievous acts [/at all], or not guilty otherwere those of acts [x/which being ??? for which they are already ??? to [/suffer] an adequate punish- -ment by the Laws ????.
[page break bottom right]
In these cases one sees? of [/such a] px/the] Law is justi- -fiable it is justifiable on the ??? of its producing pain in the party against whom it is levelled: because it is the observation of that pain? [/in that person] that is to produce its effect in others. If the obnoxious act be not yet done but only apprehended the Law is not justifiable on the reason? of it's producing pain: the [/purpose of the Law] business is to prevent a person's doing a mischief, and that person's only: for as to other persons [x/that may] in whom the propensities and opportunities are not as yet formed the purpose may be answered as well by a Law in the common way. A [/certain] pain is beneficiary? [/to guard?] for restraint produces pain; but all pain besides what is necessary to produce the kind of [/disablement] restraint deemed sufficient in the case in question is beside the purpose. It is as much misery in waste
[BOTTOM HEADING] INTROD. PRIVILEGIA x Ex post-facto Laws x [x/ ??? nizances?]
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Identifier: | JB/063/034/002"JB/" can not be assigned to a declared number type with value 63. |
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063 |
law in general |
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034 |
introd. privilegia & ex post-facto laws |
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jeremy bentham |
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