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<p>Of the <sic>satisfactive</sic> species of<lb/> | <p>Of the <sic>satisfactive</sic> species of<lb/> | ||
remedy there are several modifications, but<lb/> | remedy there are several modifications, but<lb/> | ||
these belong not to the present purpose —</p> | these belong <hi rend="underline">not</hi> to the present purpose —</p> | ||
<p>What then in regard to these<lb/> | <p>What then in regard to these<lb/> | ||
several sorts of remedies is it that justice<lb/> | several sorts of remedies is it that justice<lb/> | ||
in a penal case requires? In regard to all<lb/> | in a penal case requires? In regard to all<lb/> | ||
<unclear> | <unclear>four</unclear> of these sorts of remedies but more particularly<lb/> | ||
the <sic>satisfactive</sic> and the punitive —<lb/> | the <sic>satisfactive</sic> and the punitive —<lb/> | ||
what it requires is <del><gap/></del> 1. that in every case in which<lb/> | what it requires is <del><gap/></del> 1. that in every case in which<lb/> | ||
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made of any more of it than what is necessary<lb/> | made of any more of it than what is necessary<lb/> | ||
to the production of that effect.</p> | to the production of that effect.</p> | ||
<p>1. Coincident with the first of these three<lb/> | |||
cases is that in which an individual charged with<lb/> | |||
having committed a certain offence to which by<lb/> | |||
law punishment is attached, has really committed<lb/> | |||
it, and in that persuasion has in relation to it<lb/> | |||
been deemed guilty.</p> | |||
<p>2. Coincident with the present case is<lb/> | |||
that in which it does not offend such promise,<lb/> | |||
and in that persuasion has in relation to it<lb/> | |||
been deemed <hi rend="underline">not</hi> guilty.</p> | |||
<p>3. Coincident with the third case is that<lb/> | |||
where application <del>of</del> is made of it, application be<lb/> | |||
not made of any more of it than what is necessary<lb/> | |||
to the production of that effect.</p> | |||
<p>This is the case in which justice is<lb/> | |||
frequently spoken of as being tempered with mercy.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{In_Progress}} | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
1829 July 9th
3
Of the satisfactive species of
remedy there are several modifications, but
these belong not to the present purpose —
What then in regard to these
several sorts of remedies is it that justice
in a penal case requires? In regard to all
four of these sorts of remedies but more particularly
the satisfactive and the punitive —
what it requires is 1. that in every case in which
the evil so applied promises to be productive of preponderant
good, application be made of it accordingly.
2. that in no case in which it does not afford such
promise, application be made of it; 3. that where
application is made of it, application be not
made of any more of it than what is necessary
to the production of that effect.
1. Coincident with the first of these three
cases is that in which an individual charged with
having committed a certain offence to which by
law punishment is attached, has really committed
it, and in that persuasion has in relation to it
been deemed guilty.
2. Coincident with the present case is
that in which it does not offend such promise,
and in that persuasion has in relation to it
been deemed not guilty.
3. Coincident with the third case is that
where application of is made of it, application be
not made of any more of it than what is necessary
to the production of that effect.
This is the case in which justice is
frequently spoken of as being tempered with mercy.
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Identifier: | JB/106/399/001"JB/" can not be assigned to a declared number type with value 106. |
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1829-07-09 |
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106 |
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399 |
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001 |
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copy/fair copy sheet |
1 |
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recto |
c3 |
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john flowerdew colls; lib1 |
b&m 1829 |
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arthur moore; richard doane |
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1829 |
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34987 |
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