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B 1. Ch.7

Sect. 1. First Source of Analogy

The same Instrument used in the Crime & in the Punishment

Incendiarism, Inundation, Poisoning. In
these crimes the instrument employed is the
first circumstance which strikes their mind.
In thesetheir punishment that the same
instrument may be employed.</p>

With respect to Incendiarism, we may
observe that this crime should be considered
as limited to those cases in which where some
Individual has perished by fire. If no cas life has

been lost, nor any personal injury been suffered
the offence ought to be treated as an ordinary
destruction of property. That waste whether an article of
property has been destroyed by fire or any
other agent, does not make any difference.
The ration amount of the damage ought to
be the measure of the crime. Does a man
set fire to a solitary and uninhabited house.
This would be an act of destruction and
ought not to be ranked under the definition
of incendiarism.(1)

If the punishment of fire had

been reserved for Incendiaries, the law would have
had in its favour both reason & analogy. – But
in the Legislation of barbarous times, it has been

(1) It The employment of this means of destruction ought however to be considered an aggravation
if there has been any danger of the fire communicating
to contiguous objects.

Identifier: | JB/141/033/003
"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

chapter 8 of analogy between crime & punishment




sect. 1 first source of analogy / the same instrument used in the crime & in the punishment


copy/fair copy sheet

Number of Pages




Page Numbering

[[page_numbering::f1 / f13 / f2 / f12[?]]]


richard smith


reat 1809


Paper Producer

felix bodin


Paper Produced in Year


Notes public

ID Number


Box Contents

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