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1827. Jany. 24
Penal Code Remedies collectively
Ch. Remedies.
§. 1. Species.
1.
Remedies to delinquency:
indirect and direct.
Indirect apply to offences
in the aggregate.
Direct to individual
offences.
2.
Of the aggregate mass of
remedies applicable to the
diminution of evil,
flowing from delinquency,
sources of division are –
1. Relation as to time between
the offence and
the application of the remedy.
2. Relation of the remedy
to the pathological faculties
of the wrongee.
3.
Species resulting from
division, having it's source
in the relation of in respect
of time, are –
1. The preventive.
2. The suppressive.
3. The repetition-preventive.
4.
Species resulting from
division having it's source
in the relation of the remedy,
to the pathological
faculties of the wrongee.
1. The satisfactive.
2. The non-satisfactive.
5.
Satisfaction is –
1. Adequate.
2. Inadequate.
3. Ultra-adequate.
Adequate when to the
wrongee, it would be
matter of indifference
to experience a repetition
of the offence, followed
by receipt of the
satisfaction, or to be secure
against all
repetition
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Ch. Remedies.
§. 1. Species.
5. Contind.
repetition of the offence
thence is the meaning
of inadequate and ultra-adequate
manifest.
6.
Sub-species of satisfactive
remedies, are
1. Vindictive.
2. Attestative.
3. Compensative.
4. Restitutive.
7.
Circumstances, by which
the application of these
sub-species is determinable,
are –
1. Nature of the species
of wrong.
2. Nature of the individual
wrong.
3. Circumstances of
the Wronger or Wrongers.
4. Circumstances of
the Wrongee or Wrongees.
Circumstances, as
above, are constitutive
of his condition in life,
1. Personal.
2. Domestic.
3. Semi-public.
4. Public.
8.
Ulterior exhaustively
bifurcate division of
satisfactive remedies,
neither needful nor
practicable.
9.
Satisfaction applies to
the case where an offence
has been consummated.
Identifier: | JB/064/133/001"JB/" can not be assigned to a declared number type with value 64. |
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1827-01-24 |
1-11 |
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064 |
Penal Code |
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133 |
Penal Code |
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001 |
Ch. Remedies / Species |
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Marginal summary sheet |
1 |
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recto |
D2 / E1 |
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20487 |
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