JB/037/031/001

Click Here To Edit 1821. April 17
First Lines Penal Law
(1.) Cases unmeet

In relation to punishment, considered as so much evil,
employed as a means for the excluding, as far as possible, without greater
evil, evil considered as producible by misdeeds thus converted —converted
by the connection thus established into offences, three main questions
on every occasion present themselves — In

1. In what cases shall punishment be applied —
2. In what proportion —
3. In what shape —

1. In what cases shall it be applied? A question of
the opposite aspect — by the question in what cases shall it
not be applied — a shorter and clearer more commodious howsoever indirect answer may be given to
this question than by a direct one.

1. Where it would be groundless —
2. Where it would be inefficacious needless —
3. Where it would be unprofitable inefficacious —
4. Where it would be needless unprofitable —

These are the cases in which In each one of these cases supposing them realized punishment it is evident manifest would be unapt:
of all these cases, it may be said, they are unmeet for punishment.

Case the first — Where punishment would be groundless:
Where the application of punishment would be unapt. Necessarily
involved included in the notion of punishment is the notion of misdeed
done, of offence given. Of the of sort of operation by which, for the exclusion
of greater evil, evil is purposely produced, the operation
called punition or more commonly punishment, is but one made. For, taken by itself,
Government is in itself one great vast evil: only except in so far as evil
already produced by it, is done away or lessened, can any exercise
of Government be performed — can the power of Government be
in an way exercised, but evil is produced by it. But wherever,
by evil thus produced, greater evil is excluded, the balance takes
the nature, shape, and name of good, and Government is justified
in the production of it. In this case in the account of good and evil, the evil produced and applied unless productive of good in some other shape
would in the shape of punishment would unless it excluded some greater evil, or produced
some preponderant good
be all loss.

Thus it is that where evil applied as punishment w.d
be groundless, what will often happen, is — that evil produced, though designedly, is not causeless — is not unjustifiable

Identifier: | JB/037/031/001 "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	031	Info in main headings field	first lines
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	11246
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