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9 March 1811 Punishment - […] Definitions and Distinctions
Rule Restraint
57 or 1
Relation between restraint
and punishment
Of every prohibition law
restraint is directly
intentional object, whatsoever
evil is […]
[…] attached to it
the collaterally intentional
.
p. 27.
56 or 2
This evil may be in any proportion less or greater than the good if any aimed at. p 27
59 or 3
Restraint may also
be a mediately intentional
object: viz where
the evil of it I employed
as an eventual punishment
,
to secure
[…] to constraint
or to restraint in some
other shape. p 27.
60 or 4
The same restraint can
not operate in both […]
.
p 27.
⧼toolbar-peri-paragraph⧽
constraint
61 or 1
7 or 1. Relation between compulsion and punishment In compulsion as in restraint, result aimed at by the legislator is the reverse of that of the offensive acts done by a delinquent. P. 28 Offence positive, result aimed at negative: viz restraint Offence negative result aimed at positive: viz compulsion. p 28.
62
Act positive commanded
and meant to be completed
, offence negative.
To and for this offence suppose
punishment applied
if to avoid similar punishment
in future
the offender performed
[...] [...] the like
acts in future compulsion
is by this punishment
produced in his
instance.
So in the instance of
others if compelled to
obedience, they do p 28.
likewise.
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1811-03-09 |
57 or 1 - 60 or 4, 61 or 1, 62 |
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punishment |
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punishment ch. 1 definitions and distinctions |
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restraint / constraint |
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marginal summary sheet |
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recto |
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th 1806 |
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andre morellet |
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1806 |
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53827 |
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