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. Measure—Quantity 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
.

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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
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Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [britannia with shield motif]]]
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Corrections		Paper Produced in Year
Notes public		ID Number	31158
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