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Upon a far different footing from the rest stands that one
instance case of Vicarious Punishment which
is exemplified in the expedient of Suretyship Recognizance..Idea of a Recognizance

By the effect of a Recognizance Suretyship in which a man has
bound himself jointly with one who Doctrine of Recognizances

By the effect of Suretyship the Co-obligor is indeed a person is indeed exposed to suffer Punishment through the another's Delinquency of another: [&] in other words, the Punishment when it does alight on the such person in truth is vicarious. But the following circumstances difference this case widely from those that found which first occurs upon the mention of the name 1. It is specially notified —
2. It is voluntarily submitted to —
e. It is certain limited in it's quantity —
4. It depends in a great degree upon the party's
own diligence to avoid it.

Upon the vindictive Principle, that Principle upon in conformity to which
which Punishment is looked upon as a satisfaction, in prosecution provenance of which
every kind of Vicarious Punishment, Vicarious Punishment in general under any form & upon the ground of which
this instance form among the rest, is must be unjust & indefensible —

The Principle of Utility while it reprobates this
mode of Punishment in most cases, approves of it
in a few, whereof this is one: it approves of
it then in a few, because it approves of every means
whereby Prevention of Mischief can be purchased
at an advantageous price; regardless of the empty & unintelligible sound of injustice & unequitableness, empty when opposed to in which is much the same separated disjoined from, the Idea of Utility.that is whereby a greater
evil can be exchanged for one that's less.

It deals by this, as by every other device:
it approves it where upon the whole it can be of any service
upon the & reprobates it where it can be of none.

Identifier: | JB/096/161/001
"JB/" can not be assigned to a declared number type with value 96.


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punishment vicarious recognizance





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jeremy bentham


[[watermarks::gr [crown motif]]]


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