JB/141/028/004

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6
B.1. Ch.6.

IV Characteristicalness or Analogy*
* To this subject, on account of the importance, a separate Chapter is allotted. See the next Chapter.

Punishment cannot act any further than the as a preventative, is inefficacious except in as far
as far as the idea of it, & of its connection with
the offence, is present in the mind. The idea
of it, if not present cannot act at all; &
then the punishment itself must be inefficacious in this character is altogether nugatory.
Now, to be present to the mind it must be remembered, and to
be remembered it must have been learnt. But of
Of al punishments that can be imagined, there are
none of which the connection with the offence
is either so easily learnt, or so efficaciously certainly
remembered, as those of which the idea is
already in fact associated with the
idea of the offence, which is the case as for example, whe where the
a other crime & the punishment have some circumstance belonging
to them in common. Where this is the case the
punishment is analogous to or characteristic of
the offence.

Retaliation would, it is obvious, in this respect property
be superior to all other mode of punishment but
from its unequalled was defect in respect of
equability & frugality the instances in which, if
at all it is capable of being advantageously employed with
advantage are reduced when within a very
narrow compass.

Identifier: | JB/141/028/004 "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	028	Info in main headings field
Image	004	Titles	11 simplicity of description / 12 remissibility
Category	copy/fair copy sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f13 / f5 / f14 / f6
Penner	richard smith	Watermarks	[[watermarks::dusautoy & rump 1809 [britannia with shield emblem]]]
Marginals		Paper Producer	edward collins
Corrections		Paper Produced in Year	1809
Notes public		ID Number	48245
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