The Law Magazine and Review: A Quarterly Review of Jurisprudence, Volume 16Saunders and Benning, 1891 - Law |
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Page 56
... inflicted on us for breaches of Penal law . The fundamental origin of Penal law ought not to be confounded with the legitimacy of human punishment . The two things are entirely different . Penal Law primarily springs from the Law of ...
... inflicted on us for breaches of Penal law . The fundamental origin of Penal law ought not to be confounded with the legitimacy of human punishment . The two things are entirely different . Penal Law primarily springs from the Law of ...
Page 57
... inflicted by a Judge , and for the advantage of society . Plato , in his Gorgias , says that ex- piation is the end of punishment ; St. Augustine puts forth substantially the same view ; and so does Grotius , De Jure Belli et Pacis ...
... inflicted by a Judge , and for the advantage of society . Plato , in his Gorgias , says that ex- piation is the end of punishment ; St. Augustine puts forth substantially the same view ; and so does Grotius , De Jure Belli et Pacis ...
Page 58
... inflict punishment , or pain , in the interest of society . Whether there shall be damages or a public punishment , is a matter for the decision of the Legislator and not of the Judge . Penal law , therefore , is primarily based on ...
... inflict punishment , or pain , in the interest of society . Whether there shall be damages or a public punishment , is a matter for the decision of the Legislator and not of the Judge . Penal law , therefore , is primarily based on ...
Page 60
... inflicted depends on the category under which the offence is placed . Montesquieu held that the triumph of liberty would be a classification of Criminal laws , which would affix a punishment to every particular kind of crime , and ...
... inflicted depends on the category under which the offence is placed . Montesquieu held that the triumph of liberty would be a classification of Criminal laws , which would affix a punishment to every particular kind of crime , and ...
Page 62
... inflicted in certain classes of cases , and not on the nature of different crimes , which have all one essential characteristic - namely , being contrary to the public interest . This being so , the Law should determine crimes by full ...
... inflicted in certain classes of cases , and not on the nature of different crimes , which have all one essential characteristic - namely , being contrary to the public interest . This being so , the Law should determine crimes by full ...
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action affreightment alleged amendment appears application appointed Arbitration authority bankruptcy Baronets Bill of Lading bottomry captain cargo cause charge charter-party charterer claim Clan-na-Gael collision Commissioners contempt contract costs Court covenant creditor crime Criminal Law Crown damages debt decision deed defendant diff discharge England entitled evidence execution executors freight fund Government Held Home Rule husband inflicted Inner Temple insured interest Ireland Irish Judge judgment jurisdiction justice L.J. Ch land Letters Patent liable Lord loss Macl marriage matter ment moral mortgage offender owner paid Parliament Parnell Parnellite party payment Penal law person plaintiff port Prerogative present proceedings punishment of death reason received refused respect Scotland sect settlement shares shew ship shipowner shipper Society solicitor sub-s tenant testator tion trustees vessel Vict voyage wife writ