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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

Box Contents

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