JB/141/012/002

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9

The limit of punishment is more readily easily
fixt on the plus minus than on the plus side.
it is much easier less difficult to determine what is too little
than what is too much. What is not sufficient
is easily seen, an excess not so easily. After all
the utmost that can be attained is an approximation.
The irregularities in the force of the temptations are
such as to compel the legislator to employ a raise the
degree of punishment beyond so much above the level of that would be
sufficient for the average class of men. The otherwise be expedient. Provision
must be made against concupiscence as if it not merely against their ordinary but also
were constantly at the most highest not merely at an against their extraordinary force power
average pitch but at the highest pitch.

Unhappily, such is the nature of mankind,
that let the real punishment be what it will may,
there is scarce any sort any sort of offence which that
the legislator can be sure in all cases of preventing.
This being the case, he has giv in generally been having aimed at doing
for doing all he could; and this being the case
he in order to attain his object has raised the punis punishment for some
crimes at least to as high a pitch as he could well
contrive. To make sure work of it he has raised
the punishment to the highest pitch he could
think of, and death in all countries, nor in
any more than in our own, where compassion or fear
has preventt prevented them from going any
further, has served as a sort of standard point.
From this point it is that men are apt to
reckon downwards, & not upwa upwards, as the
from the profit of the crime.

One general observation may here be added;
that in setting prop determining wi the
proportion between punishment and offences,
clearness and simplicity must not be sacrificed to+ + an endeavour to attain mathematical accuracy. By pushing the principle the to its utmost extent the attempt at proportionality would at once be rendered ridiculous. It would be as atrocious to neglect it altogether as it would be
to absurd to pursue it in all its details.

Identifier: | JB/141/012/002 "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	012	Info in main headings field
Image	002	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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