JB/058/118/001

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2 May 1805
Evidence

Where If the difference is were in quantity quantity in quantity merely, quantity
remaining the same same, there is not would not be the smallest difficulty.
The Substantive law imposes, that is requires to be imposed,
by the Judge a fine to the value of ten weeks labour: the Judge
fine actually imposed by the Judge amounts to the value of
but five weeks labour. Non-administration of punishment
where due: the amount of ten parts: administration of
punishment not due to the amount of 5 parts: deduct
the amount of the one aberration from that of the other, remains non-administration
of the punishment to the amount of 5 parts.
And so in regard to rights (in a non-penal case) and satisfaction.

Where the difference is in quality, the qualities not
being of the same quality, and being therefore incommensurable,
the situation is not quite so easy.

The legislator says, inflict a fine to the value of ten weeks
labour, the Judge inflicts a whipping of ten stripes. The
aberration is here more perplexsing to him who thinks of it,
and as well as more distressing to him who suffers under it. If it be
a man whose nature or condition in life prepares him for corporal punishment
of this kind, such as a Chinese man of any class in
China, or a military man in the condition of a private soldier in
most if not all European Countries, the change may be less
or perhaps not even at all afflictive: if in those same European Countries
it be a military man in the condition of an officer or
other man of liberal education, the mere change in quality
may be more afflictive than any increase in quantity.

Identifier: | JB/058/118/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-05-02	Marginal Summary Numbering	3-5
Box	058	Main Headings	evidence
Folio number	118	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	18787
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