cover image: The Calcutta Law Journal  December 1  1912

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The Calcutta Law Journal December 1 1912

1912

And the purpose of this article is to make known with critical valuations the basic tendencies of these Tentative Codes and I also propose that it shall be the completion of my Italian translation of the general dispositions of the three Tentative Codes which is apearing in the Giustizia Penale. [...] But beyond the general motives and the logic of facts excluding the consideration of the fiat to inflict punishment this school did not look more deeply into the circumstances connected with the man to be punished. [...] But what must be the criterion in applying a punishment instead of a measure of security or a measure of security instead of a punishment ? That is a question to which legislators can not give a rule of thumb for all cases and so the German -Drafts have necessarily been obliged to enlarge the discriminatory "powers porvers of the Yudge ' and to grant the criminal Judge a greater"CRIMINAL POLiTI [...] For the needs of the criminal law of the future the specialization of the judge is absolutely essential. [...] Thus 42 of the Draft German Code of 1909 provides for the placing of the criminal in a work house (Arbeitshause) but then goes on to give power to the Judge to apply punishment if the delinquent shows himself incapable of work.
law
Pages
8
Published in
India
SARF Document ID
sarf.120108
Segment Pages Author Actions
Some Fundamental Problems of Criminal Politics
45-52 Hara Chatterjee/ view

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