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JB/096/154/001

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PUNISHMENT. Contents of the Book. I

I. End of Punishment.
II. Right of admin prescribing it.
III. Object of Punishment.
IV. MeasureQuantity Of the several considerations
to be attended to in determining the quantity
of Punishment to be applied on a given occasion
V. Quality — Of the several qualities
desirable in a Mode of Punishment.
VI. Species. Of the different Species of
Modes of Punishment subsisting or imaginable.

I. End

1. True Ends of Punishment in general A
2. False Ends — Vengeance. B B Ms II. 75, 101, 109
3. False End — Acquittance of a Debt
Punishment not a Debt. C C MS II 103, 105. in Fol. 110—at back of Encycloped. Sketch.

II. Right of Prescribing it. D D. MS I. 76.

1. Whence it arises. — Vicar of Wakefield E 2. Whereto (i:e: to what degree and apecies
or quantity and quality) it extends. Vicar of
Wakefield. F
1. Vanity of the doubts concerning it as extending with reference
to particular modes of punishment.

III. Object. of Punishment.

1. Whether any other than the party offending
can be the proper object. Punishment vicarious. G
the and

2. Punishment Vicarious H—Use of, In
what cases inadmissible. I.

3.Punishment Vicarious. Abuse of—In what cases inadmissible.1

IV. Quantity.

Measure of Punishment governed by the
End.K K. MS. 119. 147. Whether Proportion is of any consequence? whether any punishment can be too great? Vattel Blackstone.
Considerations to be or to be attended to in limiting limiting the augmentation.
II. Particulars Considerations to be attended to in settling the limits of a Punishment upwards. II. Limits of Punishment [upwards] in
a mode of Punishment on the side of encrease
.


---page break---

IV. Quantity.

to for this purpose—viz.
Taking Considering the offence absolutely from others.
1st. Responsibility Sensibility of the Offender — of
what class the Offender is in respect of
responsibility.M
<note>Sensibility & Opulence.
2. What is the What is the least quantity sufficient to
answer the 3 ends of Punishment.N
3. Whether the people are disposed to
bear a Punishment so great. Unpopular Comparatively
How far or repugnance to popular sentiment.
4. Considering the offence relatively: with respect
to other offences.
It ought not to be greater than that which what must be
is appointed it is necessary to The room Quantity necessary The room that should be left for encreasing for offences of different of the same demotive and opportunity + + & class of persons in respect of responsibility nor of different, supposing a comparison liable to be made. standing higher in
the scale of malignity: viz: than 1st
offences of different trains: 2dly Offences
of the same train.P

Considerations [to be attended to in] Cemetery [a the
III. Mode of Punishment on the side of] diminution
It ought not to be less than
1st The present apparent value of the
quantum of enjoyment pleasure of the offence 1st supposing them
synchronous. Q
2.... Supposing them not synchronous but equicertain R
3.... Supposing Making allowance for the difference
defect in point of certainty. S S. MS. I. 48
4. The least quantity of a punishment most apt in quality.

5. That of offences of the same motive
and opportunity standing lower in the scale
of malignity: viz: than 1st Offences of different
trains. 2d Offences of the same train. T
Simplicity of the System of the Laws against
offences of the same motive & opportunity.
6. Then what is necessary to prevent keep the
number of distinctions in point of quantity Punishment
within the compass of men's apprehension
& memory. U

IV. Punishment whether 1st Fixed — 2d Limited.
(viz: by the Legislature) or 3dly Discretionary, viz:
at discretion of the Judge. V V. MS. II. 115, 217. or of the Prosecutor.
V. Measure False W W. MS II 105.



Identifier: | JB/096/154/001
"JB/" can not be assigned to a declared number type with value 96.

Date_1

Marginal Summary Numbering

Box

096

Main Headings

punishment

Folio number

154

Info in main headings field

punishment contents of the book

Image

001

Titles

Category

plan

Number of Pages

1

Recto/Verso

recto

Page Numbering

Penner

jeremy bentham

Watermarks

[[watermarks::gr [crown motif] [britannia with shield motif]]]

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

31158

Box Contents

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