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1830 Decr 10
J.B. to France against Death10
IV. Case the fourth. Punishment needless. Such is the case
where by instruction without punishment, the object to
which the punishment would be directed may will be
not less effectually or more effectually be accomplished than by
punishment: accomplised – by instruction in preference to punishment,
by application made to the understanding, than by application
made to the will. Justice in this case – to
which of the two faculties shall application be made? the
will or the understanding or the will? Answer – to the
understanding. Why? because it is in an acuteness the seat of which is in the understanding
of the delinquents in question that that which is amiss in their conduct has its source
in relative ignorance, that is to in nonception or in misconception;
such so far as in either the one in question whichever it be of those two branches, whatever it be
the source of the evil is misconduct can be derived, the evil will may be
cured, whereas if punishment alone be employed, the
evil so far from being cured or even relieved abated, may be
encreased.
Such is the case where the and in so far as by
the application made of punishment, the what is called
the liberty of the press is destroyed or narrowed detrimentally affected.
Identifier: | JB/004/428/002 "JB/" can not be assigned to a declared number type with value 4.
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1831-10-19 |
15-16 |
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004 |
lord brougham displayed |
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428 |
bankruptcy court bill observations |
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002 |
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text sheet |
1 |
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recto |
c1 |
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jeremy bentham |
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2349 |
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