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B.I. Ch. 6.


the more surely will the penal code will become entitled to & receive the
discriminating approbation of the wise, and to the
sentimental good will of the people. Punishments
first according to the above consideration will be
looked upon as just necessary and mode regarded as indispensable & lenient,
men will be struck no pe man but will be
struck of by their aptness, and their analogy
to the offence & the scale of gradation in that is observed, which
it will be found to correspond with an no where prescribes an aggravated
crime. An aggravated punishment, to an offence punishment but when the offence is aggravated, & there
accompanied with when extenuative circu circumstances of extenuative appear the
as would for lenient punishment directs a punishment is made proportionally lenient. Merit
of this description, founded upon and experience
domestic actions is not beyond acquired in domestic life, is within th the level of
the most ordinary capacity. Re Noting Nothing
could be the adaptive system
No system can so surely inspire the idea of a
paternal governance, to reform conciliate universal
confidence, and to ensure to the legislator the
constant attendance aid and support of public opinion.
Put Let the laws be in favour with the people, and
the chances of impunity are reduced to their least
possible amount.

XII Remissibility

A lot of punishment may possess the property of remissibility
or revocability. It is true that all punishment with respect to the first except pecuniary once inflicted
are cannot be recalled and is, so far it is unremissible. with respect to the past. I What
then can be done af were the innocent innocence if after the act of punishment
it be discovered
of the supposed offender establish the be discovered? after the act of punishment
all that the case admits of is to afford compes made
compensation. Different modes of punishment possess
possess this
allow of compensation in different
degrees of perfection. In the case of Pecuniary punishment may
be per
there is no difficulty: but in the case of
acute punishments such as whipping of branding
&c the determining by what sum of money in each case the pain
& ignominy
suffering shall be wiped away is an
operation that cannot or readily be performed. The most
perfectly irremissible of any is capital punishment. In all other cases compens the unfortunate victim may be put in the same condition: in this he cannot.

Identifier: | JB/141/029/002
"JB/" can not be assigned to a declared number type with value 141.


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rationale of punishment

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copy/fair copy sheet

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f15 / 14


richard smith


[[watermarks::[britannia with shield emblem]]]


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