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to future greater, the former may advantageously be adopted, & instead of the the for latter, & thereby the
saving made of the overplay of punishment saved.
We must observe that we have all
along supposed an intention in the
culprit to do the act — for if now
his case he will evidently come under an the [other] a preceding
topic of exemption, Accident:
& the case belongs not to this head.
In may [particular] cases, Infancy will be
one amongst other grounds which will be naturally submitted in evidence for
including expressing the absence of intention.
But how to apply it to practise? For this purpose we must consider, that there if on the one hand
is a time as within the month when the holding up of punishment would be entirely useless; altogether; is
that be ) without the not at such time & such time only when but we must consider an then there is a danger
of any mischief's being committed — but then again and we should would also consider more that And that at what time the
temptation disposition to do an act mischief i:e: which may cause pain or affliction to somebody may upon occasion display itself
very early; upon occasion & as soon as it does display itself the dread founded on experience of pain & consequently the capacity
of being influenced by takes place it displays itself as soon likewise: they grow up
manner together; of this latter to the as as the former This is which comes earliest it will be found difficult to say. We see therefore An total exemption
on this score is consistent with Utility in those cases only alone where it is not wanted, that a total would
disposition to criminality & apprehension
of punishment grow up together
no occasion for establishing an exemption which take place only previously
Those cases alone where the fact will not be comprised & consequently where the exemption exemption is consistent with Utility.
will not be called for is not
Upon the strength of this consideration therefore we may advance a step further; and lay
down as a general rule applicable to practise that [an] no entire absolute exemption on this
score ought [not] to be established; but a relative one only — an exemption from the ordinary greater
punishment annexed to the offence in question —
The next consideration then is [concerning what the] Punishment [that] will be substituted into its
room? To continue continuing to give answer [at first] in the same general & theoretical way answer as before, such an one
as being capable of being made the best possible, shall be variable according to the [guilt] & capacity of strength to endure suffering
of the party, & capable of being made raised so as to make an impression upon him so equally forcible
with that for which it is substituted & which by preserving him may answer the purpose of correction to him
as well as example to others. In practise is there any punishment which those advantages & answer
how
shall it be?
in 1st place?
Not pecuniary to which they would be insensible, & which ordinarily they would not have capacity
to undergo answer to In the 2d place not imprisonment, which would make almost as little impression as the other which if Short would make no impress be inadequate & if long which by
shutting up the culprit from society of the time he is collecting the Stock of useful Ideas
or Energies that is to last serve him throughout life, would return him a miserable &
helpless burthen to the community — Not Mutilation, which would is liable to the same objection
amongst others in a still stronger degree — Nor disfigurement, which as
well as the former, would not fail to excite in the people/spectators sentiments of compassion in the people mitigating
against the purpose of the example; & which would stamp an indelible
note character/mark of Infamy for a single exemplification of a disposition, of the continuance of which
in such a subject no [not inference could be formed. Lastly not the Pillory
feeble punishment, which to say no more depends for it's efficacy upon Ideas which he has yet but imperfect
request.
out of the order of)
accordingly to his Idea, & out of
the course of his observance
will not be able to be him
to concern of should take
place.
is no just inference their character
unformed.
If the exemption established in favor of
infants under 7 has not hitherto been
known to have done mischief been prejudicial: it is from
one or all together of these 4 causes: 1 because
the powers opportunities & motives to persons of
that tender age are but few: even unrestricted by the fear of punishment secondly
because this exemption is very little
known to the bulk of parents, who if they
did know it would not communicate it that intelligence
to their children: 3dly because
the Parental power being much more
intimately present & apprehended
fills up the chasm: 4thly because
a calamity brought about by the
instrumentality of such an infant agent
is looked upon in the light of an
accident, & finds no avenger.
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Identifier: | JB/063/154/002 "JB/" can not be assigned to a declared number type with value 63.
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law in general |
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gen: exemptions infancy |
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jeremy bentham |
[[watermarks::[gr with crown motif] [britannia with shield motif]]] |
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