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5
B.I. Ch.1
Definitions
Were the above the only uncertainties ambiguities to which
the meaning of the word is ha exposed as f
material inconvenience would result from the
use of it and it would be unnecessary to attempt
go give of it any more accurate definition of it than what
that which is already generally attached to it by people in general. It is however
on account of the analogy it bears to them loath to be confounded with various other acts:
to which it bears a close analog the and with from these it is necessary that it should be distinguished.
which it is in danger of being comp confounded For this purpose to
To give obtain an accurate conception To convey an
is necessary to state all that it does not comprize. accurate conception of what the word comprizes it
III
Having explained what is not punishment is not we are
now the better enabled to explain what it is. Punish
1
So much for the word. We now come to the thing
itself. Punishment then in the most general sense of
the word, in may be defined to be an evil resulting to a person from
the direct intention of another on account of some
act that appears th to have been done or omitted
to have been done.
The propriety of this definition can only will be best
evinced, & the use of it rendered manifested, by taking it to
pieces and examining the its several constituent
parts. of it
It is an evil resulting from the direct intention
of some person: it is not a punishment if it be only
obliquely intentional on the part of the person in
whose agency it originates. If without intention on
my part I cause Titius to suffers by any act of ine is is an accident,
T If to screen himself or myself from some
danger or from some other motive not connected
with the direct intention of producing suffering on pain in him,
his part, he suffers from any act of mine such an act does not belong to the head of
punishment.
So it be an account of some act done that has been done it matters
not by whom the act was done. The most common case is for the act
to have been done by the same person by whom the evil is suffered.
But the evil may light upon a different person and still bear
the name of punishment. In such case it may be stiled
punishment in alienam pingnam* * See Book V. of the proper seat of Punishment. in contradistinction to
the more common case, in which it may be stiled punishment in propriam
Identifier: | JB/141/002/004 "JB/" can not be assigned to a declared number type with value 141.
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141 |
rationale of punishment |
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002 |
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004 |
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copy/fair copy sheet |
4 |
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recto |
f6 / f6 / f7 / f5 |
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richard smith |
[[watermarks::dusautoy & rump 1809 [britannia with shield emblem]]] |
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edward collins |
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1809 |
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48219 |
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