JB/068/314/001

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1826. July 25
Penal Code. Ch. XII Remedies

§. 1. or 2. Leading principle – analogy to medicine

The body natural has its diseases, so has the body
politic have the like. What the Medical practitioner is to his one, the legislator is to the other. To minimize the suffering from disease
is or ought to be the end in view of the medical practitioner,
the end in view of the medical practitioner to minimize the evil
from delinquency is or ought to be the end in view of legislative
practice.

This analogy Not for embellishment is this analogy
brought help up to view, not for embellishment but for the most severe
instruction. From this allusion delusion and not in any
shape be apprehended: it pregnant is the comparison reference with
the most req strictly deduced inference: with the most
important and useful consequences.

It is not the result of confused and narrow sentamentalism:
on the contrary it excludes all shuts the door against all those
delusions which as yet have no such unhappy abundance
have as yet been so generally deduced from that source.

No wil To one sort of act from which no sensible
nor evil is to be apprehended no prohibition or much less remedy in any more extensive shape let no remedy be applied. Such
is the rule in medical practice: such should be the rule in legislative
practice.

In the one case as in the other – to produce physical in
suffering is less if physical gratification as liberty to to a preponderant
amount and value probability being taken into account should be
condition precedent invariably annext to the exercise of the prohibition
or say inhibitive or interdictive function.

Identifier: | JB/068/314/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1826-07-25	Marginal Summary Numbering	1-4
Box	068	Main Headings	penal code
Folio number	314	Info in main headings field	penal code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	22509
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