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20) Offences respecting the persons of Individuals.
1st then Premeditation enhances the mischief of the offence: to
wit the public mischief. It is the harbouring for
a length of time an intention of doing an injury to
another that denominates the injury and the injurer
malitious and the disposition therein manifested by
the injurer, malitious. The greater that length of
time is the more malitious. Now The more malicious
a man appears shews himself to be in the means steps he takes to gratify
his resentment [the facility readiness with which he conceives] (his aptitude to conceive resentment and the facility he has of wreaking gratifying it being given) the more dangerous he [shews appears
himself] to be to the community. If Let Pertinax Facilis
for example retains his intention of doing revenging gratifying his
resentment no longer than an hour for example
after the cause of it arose: this being the disposition of Facilis let the person who is the object of it
keep out of his reach during that hour he is safe.
Pertinax retains the like intention during 12 hours:
the adversary of Pertinax then has 12 hours of danger
for one hour that the adversary of Facilis has.
The danger therefore from a disposition such as Pertinax's
is to the danger from a disposition such
as Facilis's from as 12 to 1.
2dly Premeditation enhances may perhaps to a certain degree on a separate account the demand there is for
punishment. The longer If a man retains for a long time than ordinary the intention
of gratifying his resentment on his adversary
it is a sign the his resentment is more intense. than ordinary. It is
a sign the pleasure he would take in gratifying it
is greater than ordinary. Now for the apparent pain of the punishment
to operate in the way of prevention, the apparent
pain of it must be greater than the apparent
pleasure of the crime. This greater pleasure therefore being greater than
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Identifier: | JB/072/121/004 "JB/" can not be assigned to a declared number type with value 72.
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072 |
penal code |
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121 |
simple personal injuries / offences respecting the persons of individuals |
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004 |
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text sheet |
4 |
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recto |
e17 / e18 / e19 / e20 |
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jeremy bentham |
[[watermarks::[gr with crown motif] pro patria [with motif]]] |
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23738 |
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