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34 C
Of Confinement
alone where the suit is a pen penal one, and
the tendency of the evidence testimony if given would be to
criminate: or to aggravate to the state and moreover to some other
party, if either the ban suit were criminal and the tendency
of the testimony if given were would be to exempt
extenuate or exculpate: or at any rate if the
suit were civil.
8
When for the purpose of compulsion, the act a man is compelled to may affect his own interest — Lastly if the purpose of the confinement
were to render the party confined instrumental
in the production of any event by dint of positive compulsion.
Such event as before would affect
the interests either of the party confined alone, or
of some third party: in either case either beneficially
or mischievously. If the only effect tendency of it
were to produce a benefit to the party confined
here too we may say, as well as elsewhere that it is
not very likely confinement should be inflicted for
such a purpose; nor very difficult to know how
to manage if it were. If the tendency of it were to
produce a mischief to the part confined, the act
of confinement would only be a particular way of
committing such or such an offence according to
the nature of the mischief: the author of the confinement being the prime author of or prime mover in the offence, the party confined, the mere involuntary instrument. If it were to the object of the
confinement were to make him whip himself, for
example, a simple personal injury: if to make him
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Identifier: | JB/071/124/002"JB/" can not be assigned to a declared number type with value 71. |
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7-11 |
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071 |
penal code |
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124 |
of confinement |
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002 |
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text sheet |
4 |
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recto |
f33 / f34 / f35 / f36 |
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jeremy bentham |
[[watermarks::s. lay [britannia with shield emblem]]] |
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alexander mavrokordatos |
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23527 |
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