JB/141/012/001

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9
B.1. Ch 5

Of the above rules of proportion, the four
first may serve to mark out the
limits on the minimum side; the limits
below which a punishment ought not to be
diminished, the manwill mark out
the limits on the maximum side, the limits
above which it ought not to be increased.

The minimum of punishment is
more clearly marked than its maximum. –
What is too little is more clearly observed
than what is too much – What is not sufficient
is easily seen, but it is not possible so exactly
to distinguish an excess – An approximation
only can be attained. The irregularities in
the force of temptations compel the legislator
to increase his punishments, till they are not
merely sufficient to restrain the ordinary desires
of men, but also the violence of their desires
when unusually excited.

The greatest danger lies in an error on
the minimum side because in this case the punishment
is inefficacious; but this error is least likely to occur, a slight
degree of attention sufficing for its escape, and when it
does exist, it is at the same time clear & manifest, and
easy to be remedied. – An error on the maximum
side, on the contrary is that 1 to which Legislators and
men in general are naturally inclined, Antipathy
or a want of compassion for individuals who are
represented as dangerous and vile pushes them onward
to an undue severity. It is on this side therefore that
we should take the most precautions as on this side there
has been shown the greatest disposition to err.

Identifier: | JB/141/012/001 "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	012	Info in main headings field
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	f9 / f9**
Penner	richard smith	Watermarks	dusautoy & rump 1809
Marginals		Paper Producer	edward collins
Corrections		Paper Produced in Year	1809
Notes public		ID Number	48229
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