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3
[Limits] Transcendental Legislation
Disadvantages
attending ordinary
legislation
There are two obvious disadvantages attending the
method pursued in the way of ordinary legislation: in the first place The mischief must
in some degree have already taken place before the remedy is can
be applied: [There is therefore the expense of that
remedy; viz: the expense of punishment which tending to render it improfitable.] Before pu The remedy consists in the
application of punishment; and before punishment can be applied,
the offence must have been committed.
Every instance therefore in which the remedy
comes to be applied tends to on the one hand in the first place adds to the instances in which
it is inefficacious
proof
of it's [inefficacy] being inefficacious: and in on
the the next place tends to render it unprofitable.
The use of these such obvious disadvantages so obvious
Disadvantages thus obvious can not but strike
upon the imaginations, of those who pay the any
slightest attention to the common interests of society:
and hence that restless and indeterminate
longing after other [more eligible] less objectionable other expedients not which
it is to be hoped will may not be liable to the same objections
Though it should be an act which sound displays
itself only in tendency, still however upon its taking place
actual mischief has been brought to view: nay it will be singular
if some sort of mischief has not been actually produced.
That sort I mean which consists in alarm:
a mischief which consists
in the sum of
so many lots of pain
of apprehension as
take place in the
breasts of those to
whom the alarm
extends itself
Identifier: | JB/087/042/003 "JB/" can not be assigned to a declared number type with value 87.
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not numbered |
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087 |
indirect legislation |
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042 |
of transcendental legislation |
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003 |
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text sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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jeremy bentham |
[[watermarks::r williams [britannia with shield motif]]] |
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c. hamilton |
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27567 |
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