JB/141/033/004

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wherever avoidable, any mode or lot of punishment
in respect of which he happens to perceive any violent
aversion entertained by the body of the people. If the
prejudices of the people are decidedly adverse to any
particular species of punishment this alone, as far
(unless there are very cogent reasons to the contrary) ought to be considered as a sufficient reason for excluding
it from the penal code. In the first place it would
be an evil to wound the feelings of the public by
denouncing an unpopular mode of punishment.
In such a case it is not the guilty only that are
made to suffer: the most innocent and most
amiable share are partaken in the pain that is inflicted
by wounding the sensibility as def the innocent
also and most amiable members of the community
by the wound that is given to their sensibility
the contempt put upon their opinion and the
aspect of tyranny & violence that is presented
to their view are substantial shares in the
punishment that is inflicted. What is the
effect of this ill-judged conduct? It is this: the
legislator by setting at defiance the public opinion
turns it against himself. He forfeits the value
spontaneous assistance that the people when
they approve of a law are ready to lend in
the execution of it: the public are no loner his
allies but his enemies. Some favour the ser
escape of the guilty: the injured forbear to prosecute;
informers become odious, and witnesses as far
as they are able, withhold their testimony.
Gradually the laws become universally odious,
and the a sort of stigma is considered as
affixed on all those who have any share in the

Identifier: | JB/141/033/004 "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	004	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
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