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7
B 1. Ch.6
Note by Dumont,
I shall subjoin to this chapter an example
of the progressive march of thought and of
the ability of those enumerations by to which
every new observation may be referred, so
that nothing may be lost.
I have sought out from the works of
Montesquieu all the qualities which he appears
to have regarded as necessary in a lot of
punishment – I have only found four &
these are either expressed by indefinite terms, or
paraphrases.
1. He says, that Punishments should be
drawn from the nature of the Crimes; and he
appears to mean, that they should be characteristic.
2. That they should be moderate; an expression
which is indeterminate, and does not yield any
point of comparison.
3. That they should be proportional to the
crime. This proportion has reference however
rather to the quantity of the punishment than
to its quality. He has not neither explained in what
it consists, nor given any rule respecting it.
4. That they should bemodest.
Beccaria has mentioned
four qualities. –
1. He requires that punishments should
be analogous to the Crimes but he does not
enter into any detail upon this analogy.
2. That they should be public – and he
means by that exemplary.
Identifier: | JB/141/031/001 "JB/" can not be assigned to a declared number type with value 141.
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rationale of punishment |
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001 |
note by dumont |
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copy/fair copy sheet |
4 |
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recto |
f17 / f11 / f18 / f12 |
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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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48248 |
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