JB/068/218/001

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1827 Aug. 21
Penal Code Ch. X. Aggravations.

☞ Throughout in Penal Code make reference to Introd.
for Ratiocinative matter without quoting it: only where needful give intimation of corrections
requisite.

Where as between offences and punishments
proportion is brought to view what is meant is – not
that for every addition to the mischief of the offence there
should be an addition to the punishment: only that
in so far as needful for the application of appropriate
remedies that proportion should be among the objects of
regard. If for every describable addition to the mischief
of the offence, setting out from the smallest quantity an
addition were proposed to be made to the quantity of
the suffering produced in the name of punishment,
the quantity would seem in many a case much
beyond the power of endurance.

Such however is the sort of scale which the
principle of sympathy and antipathy if alone considered
would prescribe. By the greatest happiness principle
no quantity of punishment would in any case be prescribed
beyond that which (all the elements of value taken
into account) promised to be productive of a more than
equivalent reduction in the evil of the aggregate mass
of offences.

This will require to be kept in view when it
comes to be considered how far in the case of certain aggravations
it may be needful and useful to make augmentation
in the suffering induced by the punishment, by any thing
done in the view of adding to characteristicalness. In the
cases in question the punishment inflicted applied by the popular
or moral sanction, will under the guidance of the principle
of sympathy and antipathy naturally take place: but perhaps
in some cases, characteristic
punishment
especially if an
promised with physical
suffering may have
its use in giving direction
and even in this
shape magnitude of to
the aggregate mass of the punishment.

Identifier: | JB/068/218/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1827-08-21	Marginal Summary Numbering	1-3
Box	068	Main Headings	penal code
Folio number	218	Info in main headings field	penal code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1826
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1826
Notes public		ID Number	22413
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