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1
B.1. Ch. 7.
Chapter 7.
Of the Analogy between Crimes & Punishments
Analogy is that relation, connexion
or tye between two objects whereby the one being
present to the mind, the idea of the other is
naturally excited.
Likeness is one source of analogy
contrast isanother.[1] That a punishment may
be analogous to an offence, it is necessary that
the crime should be attended with some striking
characteristic circumstance or circumstances of
capable of being transferred upon the punishment.
These characteristic circumstances will
be different in different crimes. In some cases
they may arise from the instrument whereby the mischief
has been done; in others from the object to which
the mischief is done. – In others from the means
employed to prevent detection.
The examples which follow are only intended
only to clearly to explain this idea of analogy. I shall
confine myself point out the analogy between certain
crimes & certain punishments without absolutely recommending the
employment of those punishments in all cases. It is not
enough a sufficient reason for the adoption of a punishment
that it is analogous, it is proper to have regard to other other considerations ought to be always regarded.
considerations
[1] Thus from the idea of a giant the mind passes on
to everything that is great. The Liliputians
called Gulliver, the Man-mountain. Or from the idea
of a Giant the mind may pass to that of a dwarf.
Identifier: | JB/141/033/001 "JB/" can not be assigned to a declared number type with value 141.
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rationale of punishment |
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033 |
chapter 8 of analogy between crime & punishment |
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001 |
sect. 1 first source of analogy / the same instrument used in the crime & in the punishment |
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copy/fair copy sheet |
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recto |
[[page_numbering::f1 / f13 / f2 / f12[?]]] |
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richard smith |
reat 1809 |
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felix bodin |
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1809 |
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48250 |
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