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(Note) I shall here subjoin an example of the progress
made in this branch of science,

To then what To the progress that from
time this has been made in this branch of
Legislation, I shall

I shall here give an example of the progress
made by knowledge,
and of the utility of enumeration articulation
for recording from time to time, that nothing may
be lost, every fresh new idea that occurrs as it occurrs. I
have selected from Montesquieu all the several
penal qualities that he appears to have considered
as required to be
taken into consideration. I
have met with only four: all of them by a vague
expressed in general terms and or by periphrasis.

1. He requires that that past punishments should be sought taken
for in from the nature of the offence
: what he must
have meant y this is characteristicalness.

2. That they should be moderate lenient: an expression
altogether uninstructive indeterminate
& which gives affords no standard of comparison.

3. That they should be in proportion to the offence.
The Proportion bears reference to the quantity
of the rather than to its the quality of punishment. does
not exp the goes no explanation
He does not explain
nor does he does he give any rules for fixing
by which it is to be fixed.

4. That they should not be offensive to modesty.

Beccaria has named mentioned four qualities.

1. He requires hat the punishment should be
analogous to the offence: but upon this point
he does not enter into detail.

2. That it should be public, and by that he means

3. That they it should be lenient mild (douce) an
improper and unmeaning expression, this observation,
however upon the danger of coup in punishment appear
to be extremely judicious.

4. That they should be proportional: But for this he
gives no rule.

Identifier: | JB/141/032/002
"JB/" can not be assigned to a declared number type with value 141.


Marginal Summary Numbering



Main Headings

rationale of punishment

Folio number


Info in main headings field




note continued


copy/fair copy sheet

Number of Pages




Page Numbering

f19 / f16


richard smith


dusautoy & rump 1809


Paper Producer

edward collins


Paper Produced in Year


Notes public

ID Number


Box Contents

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