JB/072/201/001

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C
Paederasty

Inducements for punishing it Not punished on the ground of mischievousness

When the [censure is so vehement as well as the]
punishment so severe, while the mischief of the offence
is so remote and even is problematical, one
can not but suspect that the inducements which
govern are not the same with those which are avow'd. When
men punish this persuasion idea of the mischievousness of
an offence is the ground of punishing it, those of
which the mischief is most immediate and obvious
are first punished first: afterwards little by little by degrees the
Legislator becomes sensible of the necessity of punishing
those of which the mischief is less and less obvious.
But in England this offence was punished with
death [a] before ever the malicious destruction
or fraudulent obtainment or embezzlement of property was punished at all; unless the obligation
of making pecuniary amends is to be called a
punishment before even the mutilation of a man or
the perpetual disablement of a man was made punishable
otherwise than by simple imprisonment and fine.

The disposition to punish in this case,
seems in short like the disposition to punish

In this case in short as in so many other But on the ground of antipathy.
cases the disposition to punish seems to have had
no other ground than the antipathy entertained against with which
the persons who had punishment at their disposal
regarded the offender, [, on account of the offence]. The circumstances

NOTE.
[a]

It was the custom to punish it with death so early as in the reign
of Ed. 1st. See Mirror des Justices ch. Flatu

Identifier: | JB/072/201/001 "JB/" can not be assigned to a declared number type with value 72.
Date_1		Marginal Summary Numbering	not numbered
Box	072	Main Headings	penal code
Folio number	201	Info in main headings field	paederasty
Image	001	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f41 / f42 / f43 / f44
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [britannia with shield emblem]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	23818
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