Theory of Legislation Volume 1

Theory of Legislation Volume 1

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1840 edition. Excerpt: ...it ought not to be remitted; if it is not necessary, the convict should not be sentenced to undergo it. To prevent the abuse of this power, it would suffice to require that its exercise should be accompanied by an exposition of motives. Where capital punishments are in use, it would be better to preserve the power of pardoning, even without restrictions, than to abolish it entirely. VOL. II. 12 PART FOURTH. INDIRECT MEANS OF PREVENTING OFFENCES. INTRODUCTION. In all the sciences there are branches which have been cultivated more tardily than others, because they demand a longer series of observations, and meditations more profound. It is thus that mathematics have their transcendental or higher branch, that is, a new science, as it were, above ordinary science. The same distinction, to a certain extent, may be applied to the art of legislation. What means shall be adopted to prevent injurious actions? The first answer which presents itself to everybody, is this: Forbid those actions; punish them. This method of combatting offences being the most simple and the first adopted, every other method of arriving at the same end, is, so to speak, a refinement of the art, and its transcendental branch. That branch consists in devising a course of legislative acts adapted to prevent offences; in acting principally upon the inclinations of men, in order to turn them from evil, and PRINCIPLES OF THE PENAL CODE. 139 to impress upon them the direction most useful to themselves and to others. The first method, that of combatting offences by punishments, constitutes direct legislation. The second method, that of combatting offences by preventive means, constitutes a branch of legislation which may be called indirect. The sovereign acts directly against offences..
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Product details

  • Paperback | 80 pages
  • 189 x 246 x 4mm | 159g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236510089
  • 9781236510082