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LARCENY ÆSTIMATION
That the mischief general measure rule for estimating the mischief of a Larceny may be the amount
of the Value of [the thing] what is stolen.+
+
1st because the People will never be able to
reconcile themselves to the notion of one who
has stolen a shilling suffering as much
as one who has stolen £
2d. — because in many cases a man wants
only a certain Sum & would be stopped at that
Sum by a heavier penalty for taking more.
—— And inversely, by every exceeding of punishment for a particular kind of Larceny
above that for the rest, you encourage Robberies, for Robbery, Burglaries, & for
Burglary, Murders
That the Clothiers &c and Blackers
should be willing to obtain what
they thought a further security
for their property; is natural:
as it is, nor is it otherwise that the Legislature
in the hurry of a Sessions should
be p not long to gratify them in it,
at the expence as it seemed to them, only of a
set of Villains but in a well an uniform
considered & well apportioned code
in Causing their proportions being observed, is not that absolute necessity for because
the bulk of Lawyers have not to make an issue
to put between which & Larceny to make their
option.
It is advantageous to make the quantum of the thing
stolen the standard measure of the Punishment on two accounts
1st That there may in all cases be a motive & consequently
a chance for the malefactor's stopping his
depredation at the point to which reaches his spec
necessity exigencies & this is the only system whereon that chance can be had: —2. Because it conforms to popular opinion;#
# manifest itself on a thousand
occasions to the compassion expressed
for an offender to a small amount
& the zeal displayed expected against, and
the interest taken in the prosecution bringing
to justice of a plunderer in by wholesale.
The Checks Ingredients / considerations which operate upon the conduct of to Malefactors are 4 in number & 2 in kind:—of the first material kind, Conscience,#
# Under conscience I include — 1st
Fear of censure [1st] from the Duty
[2d from the world — i.e.: the people's
connections] [but this seems to be included
under the 3d topic check.]
2d fear of present mischief resistance — 3dly fear of subsequent suffering from the contempt of his connections in consequence of other factitious discovery — Of the latter kind
th the quantity of the Punishment. It is easy to see, that these must operate with different
force upon different understandings & constitutions
THEFT Æstimation {BR}{5]
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Identifier: | JB/070/235/001 "JB/" can not be assigned to a declared number type with value 70.
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070 |
of laws in general |
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235 |
larceny aestimation |
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jeremy bentham |
[[watermarks::j honig & zoonen [lion with vryheyt motif]]] |
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