JB/004/366/002

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1826. Jany. 6. 1831 Aug. 20
Constitutional CodeCh. XXV. Justice Minister
§. 5. Dispunitive function

Instructional Ratiocinative.
art. 6. Objection. The greater the number of Offenders is the
greater is the quantity of punishment demanded,
and thence the greater the number of those on
whom punishment is inflicted; demanded for
every purpose, and in particular for the purpose
of deterioration deterrition by example.

Answer. True to a certain extent. But, 1. where
one such example has been made, the quantity of
deterritive and thence beneficial effect likely to be produced by an ulterior
example grows less and less, on every such
addition to the number of the examples⊞ ⊞ till at length, by
any additional all ulterior any addition
to the number of
individuals punished
any ulterior
deterritive
effect ceased to be
produced, and
in lieu of
it, odium as towards
the law or the Judge
is produced. Say
rather, in the public
mind preponderates.
For from the first what
may happen is, that
while in by some breasts
satisfaction in others
odium as above
may be the result.

Supposing this had not been employed as a ground
for remission, and total remission scarcely a
political state would be seen anywhere, in
which a compleat extirpation of the whole population,
(a foreign force being collected for the purpose
of execution,) would not be the effect. In
a civil war, the whole population is divided into
two parts, each composed of those who are death-worthy criminals
int he eyes of the other.

Instructional
Art. 7. On this occasion, much it is evident will depend
on these circumstances following: namely
1. The maleficence of the offence
2. The afflictiveness of the punishment, if fixt
3. The disparite state of Public Opinion, in relation
to the offence on the one hand, and also punishment
on the other.

Identifier: | JB/004/366/002 "JB/" can not be assigned to a declared number type with value 4.
Date_1		Marginal Summary Numbering
Box	004	Main Headings	lord brougham displayed
Folio number	366	Info in main headings field
Image	002	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner		Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	2287
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