JB/141/010/002

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3
B.1. Ch.4.
Expence

It ought not to be forgotten, although it has been too frequently
forgotten, that the delinquent is a
member of the community as well as a the party injured
is or any other person – that there is just as
much reason why his interest should be consulted.
His pleasure is pro tanto the happiness of the
community: his pain the unhappiness of the
community.* This is the true and substantial
solid basis of penal jurisprudence. It may
be right that his interest should in part be
sacrificed to that of the rest of the community,
but it never can be right that it should be
totally disregarded. It may be prudent to
risk a great punishment to produce a great
good: there are cases in which with a less
degree of probability, & for to attain a smaller good, it
would be in the highest degree to employ the same
punishment. It is by such calculations that
men are governed in their private speculations.
Why are they not taken as guides by the legislator?

Note

* To say in any case that by his delinquency, he
forfeits his right of being protected, his right of being
considered as a Member of the community, that he is cut off from
society, and the like is an abuse of the technical
language of practical jurisprudence – it is vague
into metaphors and idle declamation. It may be
expedient that in the way of punishment he
should be cut off from society, that is that he
should be put to death, but while he how lives his
interest is as much the interest of the community
as is that of any other person. When in point of
fact he is cut off, it is in consequence of the punishment
he has undergone. It is making confusion
to consider this effect as having already really taken
place, in considering his offence with a view to the
punishment which it is expedient he should be made
to undergo.

Identifier: | JB/141/010/002 "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	010	Info in main headings field
Image	002	Titles	rule 3
Category	copy/fair copy sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	f6 / f3
Penner	richard smith	Watermarks	[[watermarks::[britannia with shield emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	48227
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