JB/068/356/002

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25 26 March 1826
Penal Code
General Titles
Ch. means of Repression XIII Remedies
§§. Punishment. 2
Limitation on the side
of augmentation — Let
minimisation of evil
not antipathy be the
measure

Punishment, , considerations
limiting it on the side of encrease augmentation.

I. Let minimization of evil always, antipathy
never be the measure of the quantity. Criminality
is a mental disease, legislator the physician,
patient the individual. The patient
is not an object of antipathy to the
physician, neither as should the criminal
be so to the legislator or the judge.
It is for the minimization of evil and
nothing else, that the medical practitioner
operates. It is for the minimization of evil,
and nothing else that the legislator and
the judge ought to operate. Between
the mode of operation pursued by the
medical practitioner and the mode of operation
fit to be pursued by the legal practitioner, there is
but this one difference. It, which is for the
good of the patient and him alone, that the
medical practitioner operates: It is for the
good, partly of the patient, partly, though in
general, principally of others, that the legal
practitioner, ought to operate. In the of a party injured, who acts operates
for his own sake, or of a party, who for the sake of other individuals
or the publick, acts, for as pursuer or informer informant, antipathy, in the character of a
spring of action may for the overcoming the vis inertiae or the sentiment of
sympathy, be a useful or necessary stimulus: to the
legislator or the judge, no such stimulus is necessary.
see 2. II

Identifier: | JB/068/356/002 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1826-03-25	Marginal Summary Numbering	2
Box	068	Main Headings	penal code
Folio number	356	Info in main headings field	penal code
Image	002	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	john neal	Watermarks	j whatman turkey mill 1824
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	22551
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