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Another general case where punishment would is be useless, is that of Insanity.
As the execution punishment of others will can have had no effect upon his disorder'd mind unsusceptible it is of
any steady impressions of terror, so neither will the infliction of it upon him have
any but that of raising commiseration, in the upon other men — Proceeding on the
popular principle, they will recognize immediately the absence in him of that quality which
constitutes makes a man a suitable object of vengeance — And this this principle perception accord-
that has dictated the axiom of the (Civil Common) Law, that a Madman person insane has no
punishment is punished by his madness alone <add> punishment his insanity than his madness.

Now either a Man may be either mad Insane at the time of
committing the obnoxious act, & sane afterwards, or sane at that time
& insane ever since: or he have been insane during at both periods all along.

In the first latter case he had not that quality a the time: in the 2d he had but
has lost it; and as the circumstances by which he has lost it is calamitous,
appetite for vengeance is satiated by that natural calamity, & no longer looks for without necessary
artificial — the Score of offences is erected to be wiped out: and so being
therefore upon the footing of an innocent man his punishment can have no other
effect upon the multitude than would that of the one who nearly is so Innocent. And this compliance
with popular prejudices will not be productive of any inconvenience
by the limited impunity which it he establishes — The only use of inflicting punishment
is to induce the persuasion that that Punishment will be inflicted: & that persuasion
is not weakened by an exemption on this score for a man who is not
out of his senses will can never think of privileging himself by an exemption
established only on behalf of those who are.

No man in his senses would
expect the punishment less to suffer, for
seeing that it was not inflicted
on a madman, on whom he
sees the prospect of it would
have made no impression

As to prevention in his own particular instance from further acts of the like obnoxious nature, that is passed
the ordinary expedients employed in securing treating with persons under this calamity

The popular appetite for
revenge is already expiated
by the natural calamity.
& as that consideration makes
the example appear
to their own case

There It may here occur that the marks symptoms of insanity being in some
equivocal may be counterfeited; but as such a tragedy must be kept up incessantly &

Identifier: | JB/063/149/002
"JB/" can not be assigned to a declared number type with value 63.


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Main Headings

law in general

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Info in main headings field

book ist offences in general exemptions insanity





text sheet

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jeremy bentham


[[watermarks::[gr with crown motif] [britannia with shield motif]]]


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