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Punishment in alienam perforam
of those who form the governing part of it. The
power however of adjudging such a forfeiture
has been very rarely usedexercised: and the insidious &
unconstitutional use that was attempted to be made
of it in [from the reign of Charles 2dthe case of the City of London] has cast
a stigma on the general doctrine: so that it is
not likely to be ever more carried into practise.
Such a mode of Punishment is plainly unnecessary
and inexpedient, For The particular [persons who
have been] delinquents in this way may always be ascertained
will & that with peculiar facility with much
more easily and infallibly than in the case of ordinary
offences: their acts being in the very essence
of them public & notorious. By the means This being the
case such a punishment can always be laid
on the individuals as shall [constitute a muchoperate with much
more forciblemore force motive] than the trifling punishment
they would undergosustain in common with their innocent
byrethren by the loss of their corporate rights.
The punishment of forfeiture is therefore with respect
to all but the particularguilty persons guilty
altogether unecess unecessary and mischievous. The
punishment is sure to fail in respect of the 1st
of the abovementioned requisites, and mayis very likely very
to do soprobably in respect of the 2d.
Our own times have exhibited several instances
in which punishment eitherin reality or has been inflicted
or has appeared to beor to appearance has been inflicted on a body of men
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Identifier: | JB/141/137/001"JB/" can not be assigned to a declared number type with value 141. |
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not numbered |
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141 |
rationale of punishment |
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137 |
punishment in alienam personam |
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001 |
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text sheet |
2 |
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recto |
f34 / f35 |
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jeremy bentham |
[[watermarks::propatria [britannia motif]]] |
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48354 |
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