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<p>177 odd or <del><gap/></del> 178 odd.<lb/> | |||
3)</p> | |||
<p><head>Method of treating each head of Offence.</head><lb/> | |||
<note>Ch. <add>Form</add> Order</note></p> | |||
<p><del>against individual</del> <add>which</add> applied to an act <del>which</del> <add>that</add> in its ordinary<lb/> | |||
nature is an offence only against individuals<lb/> | |||
render it an offence against the <hi rend="underline">Neighbourhood</hi>. There are others<lb/> | |||
which render it an offence against the <hi rend="underline">State</hi>.</p> | |||
<p>9. I shall state the punishment which according to<lb/> | |||
the principles laid down seems competent to the<lb/> | |||
offence: in the first place under the circumstances <add>by</add> which<lb/> | |||
<del>ordinarily</del> <add>it is</add> accomplished in ordinary: in the next place<lb/> | |||
under <del>the extenuating</del> <add>such</add> circumstances <add>of extenuation</add> as may have<lb/> | |||
been found to belong to it: lastly under such <del>aggravating</del><lb/> | |||
circumstances of aggravation as do not transfer<lb/> | |||
the <del>act</del> <add>offence</add> to a different denomination.</p> | |||
<p>10. I shall pass a few strictures on the <del>institutions</del><lb/> | |||
errors which <add>the <unclear>law</unclear></add> to judge <add>of it</add> from the principles above laid<lb/> | |||
down, <add>or Law-writers</add> may appear to have fallen into <del><gap/> institutions<lb/> | |||
or what insufficient as commonly is often<lb/> | |||
<gap/> made not very easy to distinguish from the<lb/> | |||
other hand, which Lawyers have fallen into in their<lb/> | |||
speculations</del> with relation to the head of offence<lb/> | |||
in question: the Law in its institutions; <del>Lawyers</del> <add>Law-writers</add><lb/> | |||
in their <add>positions</add> reasons or reflections. These two articles<lb/> | |||
must in regard to so much of the subject as is<lb/> | |||
governed by Common Law must go hand in hand<lb/> | |||
<del>since. It were impracticable in every instance</del> To separate<lb/> | |||
them in every instance were impracticable:<lb/> | |||
<del>for</del> since Common Law <del>is nothing more</del> <add>at best is but</add><lb/> | |||
<del>than</del> the opinion of <add>certain</add> Lawyers, nothing is <del><gap/></del> <add>oftentimes</add> more<lb/> | |||
<del>difficult</del> <add>impossible than</add> to determine <del><gap/> what</del> is good Law, or<lb/> | |||
what is mere opinion.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Ready_For_Review}} | ||
177 odd or 178 odd.
3)
Method of treating each head of Offence.
Ch. Form Order
against individual which applied to an act which that in its ordinary
nature is an offence only against individuals
render it an offence against the Neighbourhood. There are others
which render it an offence against the State.
9. I shall state the punishment which according to
the principles laid down seems competent to the
offence: in the first place under the circumstances by which
ordinarily it is accomplished in ordinary: in the next place
under the extenuating such circumstances of extenuation as may have
been found to belong to it: lastly under such aggravating
circumstances of aggravation as do not transfer
the act offence to a different denomination.
10. I shall pass a few strictures on the institutions
errors which the law to judge of it from the principles above laid
down, or Law-writers may appear to have fallen into institutions
or what insufficient as commonly is often
made not very easy to distinguish from the
other hand, which Lawyers have fallen into in their
speculations with relation to the head of offence
in question: the Law in its institutions; Lawyers Law-writers
in their positions reasons or reflections. These two articles
must in regard to so much of the subject as is
governed by Common Law must go hand in hand
since. It were impracticable in every instance To separate
them in every instance were impracticable:
for since Common Law is nothing more at best is but
than the opinion of certain Lawyers, nothing is oftentimes more
difficult impossible than to determine what is good Law, or
what is mere opinion.
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Identifier: | JB/549/277/001"JB/" can not be assigned to a declared number type with value 549. |
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[[date_1::177[?]]] |
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549 |
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277 |
Penal Code. Method of treating each head of offence |
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001 |
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Text sheet |
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Jeremy Bentham |
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