JB/071/192/002

Click Here To Edit

14. C Of Culpable Insolvency

Innocent or culpable, culpable in a less degree or in a greater
degree, it makes no difference.

It treats them worse than Criminals. It puts innocence upon a worse footing than criminality.
It invites men to commit crimes. If a man steals he may be
whipped or sent to live at large in another country for, Seven
Years, or be confined to work for two or three Years. If he
borrows, he may be confined for life.

And through a preposterous tenderness. All the while care is taken not to ask the debtor about
his effects: that would be an easy and natural way of
coming at them, which the Common Law abhors. This is owing
to excess of tenderness: it would be a hardship to him
to oblige him to tell any thing which he does not like
to tell: it would be like making him confess himself a
criminal: to save this it punishes him worse than if he
were.

Absurdity of making the Creditor subsist the Debtor. To make amends for the oppression thus exercised upon
the Debtor, the Law extends it to the Creditor. It seems angry
with him for making use of the only(a) miserable remedy it

Note

[(a) Only] I am speaking all along, it is to be remembered, of the case where
the property is not visible. Where it is there is no need either of Imprisonment
or examination.

Identifier: | JB/071/192/002"JB/" can not be assigned to a declared number type with value 71.
Date_1		Marginal Summary Numbering	not numbered
Box	071	Main Headings	penal code
Folio number	192	Info in main headings field	of culpable insolvency
Image	002	Titles
Category	copy/fair copy sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f13 / f14 / f15 / f16
Penner		Watermarks	[[watermarks::myears [lion with crown motif]]]
Marginals		Paper Producer	caroline fox
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	23595
Box Contents