JB/141/009/003

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4 B.1. Ch.5.

to the surgeon, who that he might save
his patient a small degree of pain should
only half cure him? What should we
think of his humanity if he should add
to his disease the torment of a useless operation.

It is therefore desirable that punishment
should correspond to every degree of temptation
– at the same time the power of mitigation
might be reserved in those cases where the nature
of the temptation itself indicates the absence
of confirmed depravity or the possession of
benevolence – of this mature kind would be
as might be the case should a father commit
a theft that he might supply his starving family with
Bread –(1)

(1) It is easy to estimate the nature profit of a
crime in cases of rapacity, but how are we to ascertain
it in those of malice and enmity? –

The profit may be estimated by the nature
of the mischief that the offender has done to
his adversary – Has his conduct been more violent
offensive than painful? The profit is The degree
of humiliation that he believes him his adversary to have undergone.
Has he mutilated or wounded him,? – the profit is the degree
of suffering he has inflicted.

In this, in his own opinion, consists the
profit of his offence: if then he is punished in an
analogous manner, he is struck in the most sensible
part, which has, been so to speak, been been pointed out by
himself; for it is not possible but that the
mischief which he has chosen as the instrument of his
vengeance, must appear hurtful to himself.

15 Mar. 1826

Identifier: | JB/141/009/003 "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	009	Info in main headings field
Image	003	Titles
Category	copy/fair copy sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f3 / f2 / f4 / f1
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	48226
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