JB/141/033/003

Click Here To Edit

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.

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.
Date_1		Marginal Summary Numbering
Box	141	Main Headings	rationale of punishment
Folio number	033	Info in main headings field	chapter 8 of analogy between crime & punishment
Image	003	Titles	sect. 1 first source of analogy / the same instrument used in the crime & in the punishment
Category	copy/fair copy sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	[[page_numbering::f1 / f13 / f2 / f12[?]]]
Penner	richard smith	Watermarks	reat 1809
Marginals		Paper Producer	felix bodin
Corrections		Paper Produced in Year	1809
Notes public		ID Number	48250
Box Contents