JB/141/020/001

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4
B 1. Ch.6.

A fixed fine is always an unequable punishment
and the same remark is applicable to
corporeal punishments. Whipping is not the
same punishment when applied to all ages
and ranks of persons. In China indeed, every
one is submitted to the Bamboo, from the
Water Carrier to the Mandarin, but this
only proves, that among the Chinese the
sentiments of honour are unknown.

III. Commensurability

Punishments are commensurable when
the penal effects of each can be measured
and a distinct conception formed, of how
much the suffering produced by the one
falls short of or exceeds that produced
by another. Suppose a man placed in
a situation to choose between several
crimes; – he can obtain a sum of money, by
theft, by murder, or by arson. The law ought
to give him a motive to abstain from the
greatest crime; – He will have that motive
if he can f see that the greatest crime
draws after it the greatest punishment. He
ought therefore to be able to compare these
punishments among themselves, and measure
their different degrees.

If the same punishment of death is fro
denounced for these three crimes there is nothing
to compare, the individual is left free to choose
that crime which appears most easy of execution
and least liable to be detected.

Punishments may be made commensurable
in two ways 1. by adding to a certain punishment

Identifier: | JB/141/020/001 "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	020	Info in main headings field
Image	001	Titles	iii commensurability
Category	copy/fair copy sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	f4 / f13
Penner	richard smith	Watermarks	[[watermarks::[britannia with shield emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	48237
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