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Rob". Ch.5. p. 182
Controversy
looked up presently always are
forgotten when the occasion
that produced them is
past
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PUNISHMENT. Measure
<p>Consule I.Ms. p.110 f 12 f 18.
Encycl.l Sketch 3 ad den.
NL8. 142. 143 END.
176 Scale of.
PUNISHMENT MEASURE.
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GRADUATION. PUNISHMENT. Limit downwards
<p>One circumstance that makes it necessary in
many cases to raise Punishment considerably
above what would otherwise be it's proper
level is the difficulty of detection
Now the difficulty of detection proceeds either from
the secret nature of the Crime itself; or from this,
that the natural Sentiments of the People are
not in alliance with the law — As in Smuggling This may
happen equally from the Law's being unreasonable
& from it's reason not being understood:
The great mischief misfortune is that the substitution of intensity to make up the deficiency of certainty is subjectible to no rules — men must work by dark & be goaded by more imprisonment
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