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Proportion Measure
That This it may serve as a preventation the terror
of the punishment must necessarily be made to preponderate in
some mens minds over the probable pleasure
of the offence. Disregard this rule & What security would there be for
property? if this rule were not observed? The
more advanced the society state of society, if it
were possible that for if without an observance to for it, were these rules to be disregarded to
make any progress, the greater would be the
number of crimes committed. The The If the
punishment were be inefficacious It is neither mercy
to the public nor to the sud delinquent: the punishment
of that of the proper amount produce a death not
an mischief: a mischief to the public, since offences
are not restrained prevented: a mischief to the delinquent,
since the suffering is pure waste. What would
be be said if a Surgeon, who to spare the feelings
of this patient, were to leave the case imperfect?
Would it be well judged humanity to add to
the disease the pain of a useless operation.
What is necessary then is that the punishment
should rise in magnitude in proportion to the
amount of the temptation, with power to of mitigation
it if the nature of and the seduction be such as to
afford indications of the motiv offence being the result of a laudable motive – being
laudable, such for example as a father's stealing a
loaf to save his family from starving.
Identifier: | JB/141/019/002 "JB/" can not be assigned to a declared number type with value 141.
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141 |
rationale of punishment |
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019 |
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002 |
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copy/fair copy sheet |
2 |
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recto |
f3 / f4 |
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richard smith |
dusautoy & rump 1809 |
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edward collins |
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1809 |
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48236 |
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