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JB/141/016/002

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12
B.1 Ch.5
Proportion Measure

Rule 2. The Punishment ought not to be less
than the apparent profit of the crime: although
the apparent profit should be greater than the real.

And this to answer the an purpose of example, as int he former case for that of correction. When the
quantum of each is known by experience, it
may be enough (for any thing that appears as yet)
that the punishment be greater than the real
profit of the crime. But antecedently to experience,
the punishment, in order to have its
effect, must in appearance be greater than the
apparent profit of the crime, how much greater
soever that he than the real the need
be repeated.
\

They are very There are some few other circumstances
that which may influence the quantity of punishment. They
As they do not appear however to be of sufficient importance to
be put on a level with the others, they are here given in a Rule.

Rule 9 10. When a punishment which in point of
quality is partiul particularly well calculated to answer
its intention, cannot exist in less than a certain quantity
it may sometimes be of use for the sake of employing it to
stretch a little beyond that quantity which, on other
accounts, would be strictly necessary.

As for example if the offence were homicidal
ind incendiarism, for the sake of characteristicalness analogy it
might be worth while to employ burning alive rather than
simple hanging.

Rule 10 11. In particular, this may sometimes be the case,
when the punishment proposed is of such a nature as
to be particularly well calculated to answer the purpose
of a moral lesson.

A punishment may be said to answer the purpose
of a moral lesson set when, by reason of the ignominy it
stamps upon the offence it is calculated to inspire the public with
sentiments of aversion towards those pernicious habits and
dispositions with which the offence appears to be connected;
& thereby to inculcate the opposite beneficial habits & dispositions.

It is this for example that would justify the applying
the punishment of,


Identifier: | JB/141/016/002
"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

016

Info in main headings field

Image

002

Titles

Category

copy/fair copy sheet

Number of Pages

2

Recto/Verso

recto

Page Numbering

f14 / f12

Penner

richard smith

Watermarks

[[watermarks::[britannia with shield emblem]]]

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

48233

Box Contents

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