JB/064/134/001

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1827. Jany.
Penal Code

Ch. Remedies.
§. 1. Species.

1.
Without production
of suffering, no remedy
in case of delinquency
can be applied.
But the suffering
prevented is greater
than the suffering
produced.

2.
Diminution of total
suffering, flowing
from delinquency,
the common end of
all remedies under
the greatest happiness
principle.

3.
Not so of punishment
in early stages
of society, and to
a great extent, at
present.

4.
To offences producing
suffering to themselves,
rulers have not been
wanting in the application
of remedies.

5.
But not only on account
of the suffering
liable to fall on themselves,
but by a feeling
of antipathy towards
the offender.

6.
Such the cause of
the punishment,
such also the measure
of intended
suffering.

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Ch. Remedies.
§. 1. Species.

7.
It has therefore varied
according to the temper
of its authors.

8.
The authors of punishment,
in the order of
their power, have been
1. The Legislature.
2. The Judge.

9.
In the order of priority
of institution
1. The Judge.
2. The Legislator.

10.
In England, the Penal
Code chiefly the result
of antipathy of Judges
of old, and thence of
their legislating successors.

11.
To a great extent, where
suffering is the result
of an offence, it is not
a steady view of the amount
of suffering,
but the Judges antipathy
that has been the measure
of the punishment.
Such will be the measure,
as long as legislators
trust only to their
predecessors blind practice.

Identifier: | JB/064/134/001"JB/" can not be assigned to a declared number type with value 64.
Date_1	1827-01	Marginal Summary Numbering	1-11
Box	064	Main Headings	Penal Code
Folio number	134	Info in main headings field	Penal Code
Image	001	Titles	Ch. Remedies / Species
Category	Marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D3 / E2
Penner		Watermarks
Marginals		Paper Producer
Corrections	Jeremy Bentham	Paper Produced in Year
Notes public		ID Number	20488
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