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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 priviligium, without knowing what it meant The Waltham Black Act was a priviligium: but it was not an ex post facto Law. [/Out] All Acts of ??????? are strictly Privilegia. 'To speak the truth [/every great] [x/the great] part of the in the manner legislation has been conducted hitherto Laws we made, are in a manner Priviligia. For an Ex post-facto Law [x/Priviligium] to be justifiable, it must appear that the mischief of the act made penal by it is greater than the mischief of the example of the Law. The mischief of the example of the Law con- sists 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
[page break] [RIGHT SIDE] only as a restriction of greater evil, for it to rest only on those few fromwhom a greater evil was otherwise to be apprehended the following conditions must be observed.+ [+ attended to] It must be [x/???] [/made in] 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 ????.
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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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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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