JB/064/165/001

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1927. Novr. 12.
Law Amendment.Propositions
Ch. II. Codification
§. XII. Remedies

136 or 1. Inapplicable Punit.
Cases where remedies
inapplicable.

I. Cases where punishment
groundless, but
where proposal might
be made for its application.
1. Evil of 1st. order none,
as in case of previous
consent to the act.
2. Evil of 1st. order outweighed.
See justifications.
3. Evil of 1st. order the result
of application of
remedies, preventive
of calamity.

137 or 2. Inapplic. Punit.
II Cases where inefficacious.
1. Punishment too late
to be preventive, as in
case of
1. Ex-post-facto.
2. Ultra legality
3. Judgment by unwritten law.
4. Do. by unknown law.

2. Punishment inefficacious
by the circumstances
of the wrong-doer.

I. Cause of inefficaciousness
continuous –
1. Infancy.
2. Insanity.
II. Cause transitory –
1. Unintentionality as to
the act.
2. Do. as to evil resullt.
3. Unconsciousness as
to act.
4. Mis-supposal not temeracious.
III. Irresistible influence
on the will –
1. Danger physical.
2. Danger from delinquency.

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2 contind.
III. Will unable to
act.
1. Compulsion physical.
2. Restraint physical.

138 or 3. Inapplicable. Punit.
III. Cases where unprofitable.
1. Service expected in
case of non-punishmt.
greater than benefit
resulting from punishment.
2. Delinquents in number
such, that the evil
of their punishment
would outweigh the benefit
produced.
3. Evil of punishment
productive of public
displeasure.
4. Do. productive of
displeasure on the
part of foreign powers.

139 or 4. Inapplic. Punit.
IV. Cases where needless.
1. Evil preventable by
application to the understanding
as by instruction.
N.B. in so far as
needless, it is unprofitable.

140 or 5. Remedy Topic New
The field of wrong
travelled over in no
part but with a view
to remedy.

141 or 6. Remedy Topic New
"Persons capable of
committing crimes."
Blackstone's phrase –
its obscurity.
"Persons punishable"
the phrase in Bonaparte's
Code.

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142 or 1. Remedy Topic New
Never yet has the
field of Remedies
been worked upon –
the punitive remedy,
yes – though imperfectly
– but neither the preventive,
suppressive
restitutive, compensative,
vindicative, non-vindicative.

143. 2.
Sole use and end of
Nosology.

Identifier: | JB/064/165/001"JB/" can not be assigned to a declared number type with value 64.
Date_1	1827-11-12	Marginal Summary Numbering	136 or 1 - 141 or 6, 142 or 1 - 143 or 2
Box	064	Main Headings	Law Amendment
Folio number	165	Info in main headings field	Law Amendment
Image	001	Titles
Category	Marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	[[page_numbering::D18[?] / F29]]
Penner		Watermarks	J WHATMAN TURKEY MILL 1824
Marginals		Paper Producer	Jonathan Blenman
Corrections	Jeremy Bentham	Paper Produced in Year	1824
Notes public		ID Number	20519
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