JB/096/163/002

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PUNISHMENT - Measure

Impropriety of the Phrase, "that Such a CRIME deserves Such a PUNISHMENT. 110

There is a phrase, the banishment of which from the page of
the Dissertation, will mark out be the epoch a singular signal improvement in
Penal Jurisprudence — Induced influenced <add>determined</add> by habit to connect the Idea
of a particular punishment with that of a particular Crime,
we are apt to say, writers have acquired <add>imbibed a propensity speak of the crime</add> that such a crime as deserving that
punishment — "Murder (they will cry say, almost unanimously)
"deserves murder death" "Blood will have Blood" — Led
on by verbal delusion from error to error
they a connection which because they see habitual customary they call natural,
and because natural, necessary and indissoluble — the punishment
belongs as it were to the crime, and the forbearing to 1 2 withdrawing <add>3 it 4</add>
[annex it in it's full vigor] they consider as [is a species of injustice analogous
to] being <add>5 as it were the</add> the not rendering a man his due ^<add>is treated as a species of injustice.</add>
A sort of Shock is conceived to be given to the moral system by an atrocious Crime, the impression produced by which is redressed and a sort of Equilibrium as it were restored, by a supposed imitable punishment as a countershock

[An inconvenience thus flowing from a too contracted view of
the subject, a want of attention to the subordination of between moral
Ends, and an attachment to the confused specious and undefinableIdeas
I know not what of eternal immutable & inflexible Justice]
Beccaria has given it a house stroke

The unconquerable propensity of men to Vengeance Private propensity to Revenge, and the notion of Expiation + + The foolish & costly business of Expiation as that
poisonous ingrafted into almost all Religions, further
contribute to nourish support & fester & support this Idea.+

It is one of the last prejudices which clings imperceptibly to
the an enlightened mind [of an enlightened writer Author]

"Ogni Governo, says Beccaria e reppubblicano, e monarchico, deve al
calumniatore dare la pena che toccherebbe al
accusato" ¶15. p.68 How does this consist with
a proposition which he quotes with applause from
Montesquieu (¶2.p.15) Ogni pena che non derivi dall'assoluta
necessità è tirannica — if this be the case the proposition ought not to be handed down then
[the] that punishment in so great a degree in question ought not to be inflicted for
the offence in question; till it appears be shewn that none less
will be sufficient; & that is what is not done.

NISHMENT. END. False: Vengeance. [Br.I ]

Identifier: | JB/096/163/002 "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	163	Info in main headings field	<pu>nishment end false vengeance
Image	002	Titles	[[titles::impropriety of the phrase, "that such a crime deserves such a punishment["]]]
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	f110 / f123
Penner	jeremy bentham	Watermarks	[[watermarks::[crown & fleur-de-lys motif] l v g]]
Marginals		Paper Producer	caroline vernon
Corrections		Paper Produced in Year
Notes public		ID Number	31167
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