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1818 June 30
Penal Code
The punishment must be applied to in all cases
viz, whether was not no any such sensibility as well or when it was at its maximum.
One sort of plea or allegation there is, which serves
at the same time not only to repel for the repulsion of this and every
other plea in extenuation, but to operate in the
character of a plea in aggravation, and thence to
serve up ruin to its maximum to an indefinite height
the demand for punishment.
This allegation is that of an extraordinary degree
of sensibility of relative and appropriate sensibility
in the breast of the party defamed and by the
injured. The demand for punishment is in proportion run in proportion
to the quantity of evil of the offence: but the evil of
the offence rises with the sensibility of the party offended,
the sensibility of the party offended is extreme: therefore
so ought to be the punishment.
To this the alledged answer is
Answer 1. The fact alledged as not in its nature
susceptible of proof. It is only in the supposition of
its being proved that a fact of any kind can be received
in the character of a ground for an aggravation of the
punishment. But the fact here in question is never proved,
it never is proved because that it should ever be proved
is naturally physically impossible.
Identifier: | JB/067/085/001 "JB/" can not be assigned to a declared number type with value 67.
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1818-06-30 |
64-65 |
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085 |
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jeremy bentham |
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21918 |
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