JB/058/119/001

Click Here To Edit

2 May 1805
Evidence

The legislator says inflict a whipping of ten stripes: the Yet this even here the substitution, grievous as it is, is not
Judge too confounded with pure addition: the ten stripes plus the fine to the
value of the ten weeks labour would have been still worse.
By the suffering in person what he suffers, a man saves the amount of what
he ought to have suffered in purse. Set the Assign to the
corporal punishment any value in money how great soever,
any number of Ricard's of gold the value of his days labour subtracted from it will change
it so much less than it would have been otherwise.

The Judge is disobedient: but his disobedience is not quite so enormous,
if along with the whipping corporal he had inflicted the fine his pecuniary punishment besides.

The Judge inflicts a fine to the value of ten weeks labour.
What is the consequence? The convict was acted under the instigation
of a rich confederate, who gaining by the offence ten
times in am value of the punishment fine thus annexed to it,
pays the restores to the hand that committed the amount of the fine, and triumphs over the law. The arrangement
is as foolish inconsiderate as it is a common one: but a hundred
days labour minus ten days labour is less than a hundred days labour undiminished.

The Judge is disobedient: but his disobedience is not
quite so enormous, as if instead of inflicting the fining to a fine to the
value of the ten days labour he had inflicted no punishment
at all.

Rule for estimating the enormity of the transgression committed
by the Judge, by an aberration or of quality. Reduce
in idea, accordingly by the best of your judgment (your best judgment will commonly be but a random one) reduce in idea the two lots quantities to the same
species, and from the greatest deduct the less: the difference will be the
amount of the aberration, the measure of the transgression. The operation
is but a make-shift, but
there is no better in the nature
of things affords nothing
better.

Identifier: | JB/058/119/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-05-02	Marginal Summary Numbering	6-8
Box	058	Main Headings	evidence
Folio number	119	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	18788
Box Contents