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13.
B.1. Ch.6
The unpopularity of particular
punishments almost always depends upon
their improper selection. The more completely
the penal Code shall become conformed
to the rules here laid down the more
completely will it merit the enlightened approbation
of the wise, and the sentimental approval
of the multitude.
XI. Simplicity of Description.
A mode of punishment ought also to be
as simple as possible in its description. It ought
to be entirely intelligible & that not only to the
enlightened, but to the most unenlightened and
ignorant.
It will not always be proper however to
confine punishments to those of a simple description; there
are many offences in which it will be proper to
that the punishment should be composed of many
parts, as of pecuniary fine, corporal suffering
and imprisonment. The law rule of simplicity must
give way to superior considerations. It has been
placed here that it may not be lost sight of.
The more complex punishments are is, the greater
reason is there to fear that they it will not be
present as a whole to the mind of an individual
at the moment in the time of temptation, of its
different parts or may not some he may never have known some,
and he may have forgotten others. If All the parts
will be found in the real punishment, but they have
not been perceived in the apparent.
Identifier: | JB/141/028/001 "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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028 |
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001 |
11 simplicity of description / 12 remissibility |
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copy/fair copy sheet |
4 |
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recto |
f13 / f5 / f14 / f6 |
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richard smith |
[[watermarks::dusautoy & rump 1809 [britannia with shield emblem]]] |
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edward collins |
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1809 |
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48245 |
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