JB/141/019/001

Click Here To Edit

3
B.1. Ch.6

man's fortune happen to consist in
moveables, he is ruined: if in immoveables
he suffers nothing.

In the absence of all this punishment
it may be proper

In the absence of other suitable punishment
it may be proper to admit an unequable
punishment, the chance of punishing some
delinquents is preferable to universal impunity.

One mode of obviating the evil of inequality
of a particular mode of punishment consists
in employing two of in the providing of two different species of punishment,
not to be used together – but that the
one may be substituted for and supply the
defects of the other, for example, Corporeal
punishment may be substituted for pecuniary
punishment when the poverty of the
individual prevents the application of
the latter.

An uncertain punishment is
unequable. Complete certainty supposes
complete equality equability, – that is to say
that the same punishment shall produce
in every case the same degree of suffering. Such
accuracy is however evidently unattainable;
the circumstances & sensibility of individuals
being so variable and so unequal. All that
can be accomplished is to avoid striking and
manifest inequality. In the preparation of
a penal code, it ought constantly to be kept in
view that the same according to circumstances
of condition, fortune, age, sex, &c. the same
nominal is not the same real punishment.

Identifier: | JB/141/019/001 "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	019	Info in main headings field
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	f3 / f4
Penner	richard smith	Watermarks	dusautoy & rump 1809
Marginals		Paper Producer	edward collins
Corrections		Paper Produced in Year	1809
Notes public		ID Number	48236
Box Contents