JB/141/002/002

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6
B.1. Ch.1.
Definition

IV.

Having given a definition defined what punishment
is in the most enlarged sense of the term, we are may
now proceed now in a condition to give define that it is in its
legal sense: that is to say in the sense in which
it will be employed throughout the remainder of
this work.

According to the principle of utility, a legal punishment
are evils is an evil any pain inflicted according to
judicial forms upon an individual any person
convicted of some having omitted to do some act
commanded, by or of having done some act forbidden,
by the law, the object of the pain being to prevent similar
acts in future.

Into this definition are introduced three
circumstances which were not comprized in the definition
abstract just given of punishment in the abstract;
the right to punish, – the end of the punishment –
the relation of the party punished to the act for
which the punishment was is inflicted.

With respect to the origin of the right to inflict
punishment, it this is a topic upon which it is not
unnecessary here to dwell: it is the same as all the other
rights of government. No right can exist either on
the part of government or of the people, without
the power of punishing. It is the sanction of all
other rights.

It has however been insisted upon by writers
of no small repute that all punishment not consented to by the people is was
is illegal that has not the consent of the people.
As if by some solemn act they had declared their willings
willingness to submit to such a punishment for such
an offence, and that this supposed consent, without
consideration whether wisely or unwisely given, was
unalterably irredeemably binding upon their posterity.

It is true that under some forms of government,
in which the legislative power is vested in the whole
body of the people, or where they are large participators
in that power, some Laws the pretending that it is

Identifier: | JB/141/002/002 "JB/" can not be assigned to a declared number type with value 141.
Date_1		Marginal Summary Numbering
Box	141	Main Headings	rationale of punishment
Folio number	002	Info in main headings field
Image	002	Titles
Category	copy/fair copy sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f6 / f6 / f7 / f5
Penner	richard smith	Watermarks	[[watermarks::dusautoy & rump 1809 [britannia with shield emblem]]]
Marginals		Paper Producer	edward collins
Corrections		Paper Produced in Year	1809
Notes public		ID Number	48219
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