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C 3
Of Exemptions from punishment Reasons
in his case as in that of any other person labouring under that
species and degree of insanity, of which his appears to be.
Quest. IV.
Why Insanity subsequent to the act, is made
a ground of exemption with respect to corporal
and ignominious punishment?
Reasons
1. Lest punishment in this case should prove
upon the whole, unprofitable: to wit on account of the discontent disatisfaction
which the view of it might produce
among the people. The great body of the people
neither are as yet nor perhaps ever will be,
consistent in the principles which govern their
approbation and disapprobation in matters of
morals, law or policy. If they are governed by
the principle of utility it is frequently rather by accident
than that they are conscious of it: the principle
by the immediate influence of which they are
determined is rather the principle of antipathy.
Now of antipathy a person who is or appears to be reduced
to this calamitous situation is no longer not a proper
object. He is become an object of compassion:
they would a number of reasons for executing
him: "he suffers enough already: he can not
"know what it is he suffers for:" it is a shame
"a man in such a condition should be punished"
As they have no longer any resentment to satisfy, the
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Identifier: | JB/098/010/003 "JB/" can not be assigned to a declared number type with value 98.
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098 |
penal code |
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010 |
of exemptions from punishment reasons |
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003 |
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text sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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jeremy bentham |
[[watermarks::r williams [britannia with shield motif]]] |
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c. hamilton |
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31618 |
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