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5
B.1. Ch.6.
another quantity of the same kind, for example
to five years of imprisonment for a certain
crime, two more years for a certain aggravation.
2. by adding a punishment of a different kind
for example, to five years of imprisonment
for a certain crime, a public exposure a mark of disgrace exhibition for a
certain aggravation.
IV. Characteristicalness or analogous
Punishment can act only act as a
preventative only, when the idea of it and
of its connection with the mind crime is present
to the mind. Now to be present it must
be remembered, and to be remembered it must
be have been learnt. But of all punishments that
can be imagined there are none of which
the connection with the offence is either some
easily learnt, or so efficaciously remembered
as those of which the idea is already
in part associated with some part of the
offence, which is the case when the
one and the other have some circumstance
that belongs to them in common.
The law of Retaliation is admirable
in this respect. An eye for an eye and a
tooth for a tooth. The most imperfect intelligence
can connect these two ideas. The law This rule
of retaliation is however rarely practicable
it is too unequable & too expensive – recourse
must therefore be had to other sources of
analogy. We shall therefore recur to this
subject in the next Chapter.
Identifier: | JB/141/021/001 "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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021 |
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001 |
iv characteristicalness |
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copy/fair copy sheet |
2 |
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recto |
f5 / 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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48238 |
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