JB/068/124/001

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1818 July 12
Penal Code
3 Gen Titles
Aspect
3

Question . Why in case of criminal consciousness
a punishment greater than in case of rashness.

Answer . Because in case of criminal consciousness
there exists a desire which the Law
has to combat — a desire to be which it is the
business of the Legislator to combat: and to the
intensity of that desire, occasion and motive considered
there are no assignable bounds: and
in so far as the Law fails to oppose to that seductive
desire an eventually stronger solitary
desire it fails of producing its intended
effect.

In the case of rashness, by the supposition
no such desire has place — no such seductive
desire having place — no such special desire
has the Law to contend against combat.

But one desire there is which covers the
whole field of thought and action — this is the desire,
the love of case. This is the desire which on the occasions
in question, as on most occasions the
Law has to combat and surmount: but in
this case, its antagonist, being generally in
a comparatively weak state, a small force —
a small quantity of suffering will in general suffice.

Identifier: | JB/068/124/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1818-07-12	Marginal Summary Numbering
Box	068	Main Headings	Penal Code
Folio number	124	Info in main headings field	Penal Code
Image	001	Titles
Category	Copy/fair copy sheet	Number of Pages	1
Recto/Verso	"2" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.	Page Numbering	D3 / E3
Penner		Watermarks	J WHATMAN 1816
Marginals		Paper Producer	John Flowerdew Colls
Corrections		Paper Produced in Year	1816
Notes public		ID Number	22319
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