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[BR][7] THEFT. AEstimation
Larceny Theft of all Crimes the simplest in its nature, & from the strength & consistency of the temptation, together poised
to the facility of commission + + in many cases with little danger of
detection and the difficulty of detection the most frequently perpetrated frequent in its perpetration <add> of perpetration: shall be that with is that with which we will begin
It is the appetite of all appetites the most constant & [the] most natural, gratified by It is by this, that gratification of the Passion of all Passions the most constant & the most natural/general is
the method of all methods the most simple.
Other offences ag respecting the Subject property being either complicated
with injuries respecting a different person or likely to
which this does not to the accomplishers not of these
AESTIMATION
If A who has stolen a thing rejoices
as much as B from whom it was
stolen grieves, there is no happiness
lost between them — & who does not conceive
that the joy of the needy pickpocket
who has pocketed a handkerchief from
the Passenger who is rich enough to
wear one does n must ordinarily exceed
the concern mortification of that Passenger. +
+ This from the person in handkerchief, Watches
tho' & not in money instead
of an aggravation is an alleviation;
because it what is most usually taken from man's person must fall upon persons
better able to afford it than those
may be on whom it may fall in
other instances. [True in regard to Watches
& Handkerchiefs; but not in regard to Pocket
Books, which sometimes contain the
whole of a man's fortune: but then again
Banknotes may be stopped
It is to in the general idea of insecurity
which spreads itself among the
numbers upon every act of this sort
& would to an infinite degree where
it not for the check given it by the
pressure of the Laws, that we must
look for the real chief and often the only measure of the
mischief — The mischief therefore of the
order does not here exist.
It is the sole basis of the two other crimes of Robbery & crime of Robbery, & commonly of that of Burglary: Robbery being always Burglary being usually
& Burglary generally,, Larceny & something more; & it is to these three which make the greatest
figure of any in Society, insomuch that Larceny alone according to [Mr Barringtons Qu] computation
is that for which 10 19 Criminals out of 14 20 suffer. p.398: this is no computation but
tis in part from the consideration of From this frequency thus founded radically inherent in the nature of things that a very important inference
seems to be deducible, that it is [not expedient impracticable to attempt] to compensate the strength of the
temptation in regard to the in the instance of any particular object subject of the crime by the severity of punishment by guarding that subject with a sanction of
more than in severity
for the crime when directed to that object above that which is affixed to the Crime in general
It is in vain to think of imposi
When the danger of detection appears as none, the Punishment will be as none
One Punishment not inflicted is no more than another punishment not inflicted.
It will be only throwing the danger off one sort of property for another sort of property
On this principle instead of Cloth out of grounds &c Stealing of money
should be the most paid, because the most of it is the easiest, exposes least to detection
Stealing cloth can not be conducted without a receiver. Money can
can if not bulky, for if bulky they must have stowage, & if not bulky enough
to require stowage the loss is trifling. [Bank notes expose to suspicion when circulated by
the ordinary class of Robbers & Pickpockets; & may be stopped]
The being exposed to Theft is a circumstance annexed to the nature of some kinds of
property above others; they the owners must by their account in being somewhat more than the
owners of other kinds — As all conditions & professions of men are the same to the
State, that is as each man is to the rest the same as & no more than another
man there is no more reason for drawing the Laws Bounds of Law tighter in his favour of one trade than in
that is where the happiness of the State does not rest the more upon the welfare of a particular man/is not peculiarly granted to the condition one man is in than on that of others
that of another; man. And it's is effect is only to render the commodity so much the dearer, by the
Dealers being at expence to guard it, or by his more frequent losses, which folly returns ultimately upon
the community at large. It is a well known & universal among all trades, to proportion the
profits prize amongst other things to the When this was outed of Clergy it was at a time that had not the effect of a
general enhancement of the penalty upon the community at large that it had at present
At any rate this partiality is not expedient of the difference of total misery from the number of individuals suffering of inflicted by the punishment
exceeds the difference of total misery saved by in the superior security of the Trader. Whether it does
written proof it must be left to opinion guided by apparent weak & probabilities —m
The Criminal will through theft
men will not find it in their hearts to inflict on him
the extraordinary punishment: will
not be expected & he will probably
think right: they will not: & if
they will not, criminals will continue
to think so; the effect Terror then
upon the mind will only be the
terror of the ordinary & not of the
extraordinary: the latter will therefore
have no effect.
Either he will
calculate the of punishment or he
will not, if he will not it is useless, if he
will
The exceeding punishment will
pinch upon that of a more mischievous
Larceny; i.e. a Larceny
of any thing close to a greater amount.
& if the exceeding be great, upon that
of Robbery: no ground is therefore
gained upon the whole, you lose as
much if not more on one side, than
you gain on the t'other.
It violates too the simplicity of the
Law
Those who are not confirmed in the virtuous
habit will as well be deterred by the ordinary
punishment as those who will only watch or no it is easy to see as they are from those species of Larceny to which that ordinary penalty is
themselves to another prey.
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