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<note>Mischief § 10</note> | <note>Mischief § 10</note> | ||
<note>The mischief of <lb/>an offence may <lb/>be combated 1.<lb/> by preventing it: <lb/>2. by stopping it: <lb/>or 3. by making <lb/>amends for it <lb/>[viz: the | <note>The mischief of <lb/>an offence may <lb/>be combated 1.<lb/> by preventing it: <lb/>2. by stopping it: <lb/>or 3. by making <lb/>amends for it <lb/>[viz: the primary<lb/>mischief]<lb/></note><p>We come now to the last of the courses <add>plans</add> that<lb/>can be taken <add>pursued</add> for combating <del>the</del> mischief resulting<lb/>from delinquency: viz, that <del>of combatin</del> which is directed <add>levelled</add> <lb/>against the mischief itself [without aiming<lb/>at the prevention of the act from whence<lb/>the mischief is apprehended] in the case <add>where</add> notwithstanding<lb/>every thing that could properly <add>with propriety</add> be done<lb/>for [the purpose of ] preventing the act, the act<lb/>is committed notwithstanding.<lb/></p><p>Now the mischief of any act when <sic>considerd</sic><lb/>with reference to the <del>means</del> <add>courses</add> which the legislator<lb/>may have it in his power to take for combating<lb/>it is susceptible of three cases. Either the whole <add>no part</add><lb/>of it [may be prevented], <add>hath <del>been already</del> as yet taken place</add> or a part of it but not <lb/>the whole, or no part of it at all. <add>the whole of it.</add> In the<lb/>first of these cases <note><hi rend="underline">prevention</hi>, meaning total<lb/> <del>t</del> prevention, may be <lb/>an object.<lb/>This is only for prevention<lb/> with respect<lb/> to the whole<lb/></note> <del>if</del> to accomplish the business<lb/>of <hi rend="underline">prevention</hi> is to accomplish <add>do</add> every thing that<lb/>can either be done or wished for. In the second<lb/>case, prevention as to a part is unattainable <add>impracticable</add>: and<lb/>in as far as it is practicable it takes the name <lb/>of <hi rend="underline">cure</hi>: in the third case not only total prevention<lb/>but cure <add>as well as total prevention</add> are equally impracticable:<lb/>in this case the only expedient by which the <lb/><note>mischief</note></p> | ||
1
Indirect Legislation § 10
Mischief § 10
The mischief of
an offence may
be combated 1.
by preventing it:
2. by stopping it:
or 3. by making
amends for it
[viz: the primary
mischief]
We come now to the last of the courses plans that
can be taken pursued for combating the mischief resulting
from delinquency: viz, that of combatin which is directed levelled
against the mischief itself [without aiming
at the prevention of the act from whence
the mischief is apprehended] in the case where notwithstanding
every thing that could properly with propriety be done
for [the purpose of ] preventing the act, the act
is committed notwithstanding.
Now the mischief of any act when considerd
with reference to the means courses which the legislator
may have it in his power to take for combating
it is susceptible of three cases. Either the whole no part
of it [may be prevented], hath been already as yet taken place or a part of it but not
the whole, or no part of it at all. the whole of it. In the
first of these cases prevention, meaning total
t prevention, may be
an object.
This is only for prevention
with respect
to the whole
if to accomplish the business
of prevention is to accomplish do every thing that
can either be done or wished for. In the second
case, prevention as to a part is unattainable impracticable: and
in as far as it is practicable it takes the name
of cure: in the third case not only total prevention
but cure as well as total prevention are equally impracticable:
in this case the only expedient by which the
mischief
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Identifier: | JB/087/127/001"JB/" can not be assigned to a declared number type with value 87. |
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jeremy bentham |
[[watermarks::r williams [britannia with shield emblem]]] |
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c. hamilton |
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