JB/141/007/002

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B. 1 Ch.10

III. Cases where punishment is unprofitable.

If the evil of the offence exceed the evil of the
punishment, this is a case in which the punishment
is unprofitable – the evil evil of the offence is
ag suffering a greater degree of suffering will
have been produced than has been prevented to
procure exemption from the evil, another and a
greater evil will have been incurred.

Let the legislator, before he appoints any punishment
for any such act, place two tables
before his eyes one representing the evil of the
offence, the other the evil of the punishment.

The evil produced by the punishment consists of
1. The evil of coercion or restraint The, which is
more or less severe according as the act that by the
fear of the punishment a man he is deterred from doing
would produce more or less pleasure. 2. The evil
of apprehension or the pain which a man, who has
or thinks he has exposed himself to punishment,
feels at the thoughts of undergoing it. 3. The evil of
sufferance or the pain which a man feels in
virtue of the punishment from the time that he
begins to undergo it. 4. The Evil produced by the danger of false accusations arising from the apprehension of groundless accusations: this inconvenience to which all penal laws
are exposed is partee in a near remarkable
degree halt to be experienced in cases where the
laws are obscure, or mad, to combat crimes appointed for crimes purely
imaginary: where a legislator has succeeded in directing pointing the
of any such offence of this designation a most sanguinary
disposition is produced to accuse and condemn
upon the slightest suspicion. 5. The pain of sympathy,
& the other derivative evils, resulting to the persons who are in connection with the several classes of original
sufferers just mentioned. It is by the help of this
table that the legislator ought to have before him will be enabled to estimate
the amount of the suffering liable to be produced by
establishing particular punishment.* * For the other side of the account – the Evil which the punishment is destined to remedy. See Introd. Ch. XII – Consequences of a mischievous act.

Identifier: | JB/141/007/002 "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	007	Info in main headings field
Image	002	Titles
Category	copy/fair copy sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	/ f1
Penner	richard smith	Watermarks	[[watermarks::[britannia with shield emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	48224
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