JB/037/026/001

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1821. April 17.
First Lines. Penal Law.
(2.)

In the origin from whence he deduced the word, indicative
of the demand for, or propriety of, the punishment — the suffering
he was occupied in the application of, he found a pretence
for tyranny: for tyranny, exercising itself in the [taking of] vengeance.
The term which is not applicable without hazarding the production
of useless punishment to an indefinite extent, where evil in the
shape of punishment is to be applied, is, and ever was, in use to
be employed, without hazard of any such evil, at any rate where,
on the occasion of a contract for service between individual and
individual, good, in the shape of reward, was to be applied: [the
service has been performed:] byon the one part, the work contracted for
has been done — the service has been performed: at the hands and at the expence of, the
other, title has been made to the correspondent service: the pay — the
reward — has been deserved.

Hence, arise two radical rules positions —

Objects which punishment ought never to propose itself are —
1. vengeance: 2. Establishment of imaginary congruity and equality,
between transgression and punishment.

Objects which punishment ought ever to propose itself are —
1. Compensation, in so far as the nature of the case admitts of the application
of it for the evil produced by the misdeed: 2. prevention
of the commission of similar misdeeds in future, as well by the misdoer himself as
by all other individuals taken at large.

Exacted

Identifier: | JB/037/026/001 "JB/" can not be assigned to a declared number type with value 37.
Date_1	1821-04-17	Marginal Summary Numbering
Box	037	Main Headings	constitutional code
Folio number	026	Info in main headings field	first lines
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	11241
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