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ASSIMILATION GRADUATION
That multitude of Workmen (who have in these latter times to say nothing of the ancient) put
their heads to the fabric of criminal Jurisprudence, would have been very much puzzled embarrassed, if any
one had considering it relatively [been found impertinent enough to] just such questions to them as these — Why considering it relatively <add>comparatively do you make you Punishment for
this Crime greater than that for such another crime equal to that of such another, & not
so great as that for of a third — considering it absolutely, why so great as it is, & why not great
They you could get from them would give you probably for reply, an oratorical Rant, a quotation from Cicero
A Text out of Leviticus, A passage out of a Play a phantastic Analogy, the example of this or that nation stumbling upon it by the same chance <add>as with them 2000 or 3000 years ago, the
Epithet of or Utopian bestowed on you the interrogators, an assurance that it was
all chance-work, & that it suggested nothing picking one was as as & changing, that it was a Chaos & must be a
Chaos, & that it was as well to take what came uppermost as not any thing else a that there are certain general
principles but that it signifies it's to no purpose to think of nothing to apply them to particular cases.+ + Blackstone
Great will appear the Temerity of this charging so many persons of great name with doing
they know not what & for they know not why — But there is no dissembling that such
has been the case, & will be the case, all these questions are more attended to those they more amiably considered & more considerably answered
have been. Till some more sollicitous attention shall have been paid to the solution of these questions
not yet been done secure.
The greater-fear to made equally penal
with Murder - Sr Talbot
carrying a Parent with dwelling
The task of Practise has fallen to men of little leisure for that cool & circumspect
systematical comprehension, by which alone conformity & consistency can be secured: Of little Talents nor
of Talents absorbed dedicated to more profitable lucrative employment application — That of speculation to persons of
harming without genius, or of genius without the motive or else the liberty of displays of it: That fatal Want of liberty &
impediment which at this hour forces the of so many mainly in a neighbouring nation of whom their country is not worthy & geniuses into superior channels.
Dazzled by the glare splendour of authority
blinded confounded by the terrors of superstitions
unskilled in that Philosophy which
arms against those , or
else absorbed exclusively by it; even dare not, or they
cannot or they will not put their
, to this arduous &
important task.
*****
By headlong if in the
The mischief flowing from any Crime is a very complex mass: it is [therefore] only by
a careful resolution of it into its constituent parts that its true value is in any
instance to be formed.
The method to be pursued of finding the value of or estimating the several offences separately considered is
the business of the present Chapter — The principles to be observed in forming a comparative
judgment of them when confronted with each other will be investigated
in the next.
The first separation distinction to be observed which is to be made I shall make [of the mischief of a Crime] is that into
active & contingent
Sentiment is the ultimate judge of
all
The actual &c as for next page
The contingent we shall considered here
particularly further on, at present
let us pursue the actual
ÆSTIMATION. Prefat.[BR][1]
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Identifier: | JB/063/054/002 "JB/" can not be assigned to a declared number type with value 63.
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063 |
law in general |
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054 |
book 1st offences in general graduation |
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aestimation |
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jeremy bentham |
[[watermarks::j honig & zoonen [lion with vryheyt motif]]] |
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