JB/141/038/001

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8
B.1. Ch.7.

The place in which a crime has been
committed may furnish a thespecies of analogy.
Catherine II. condemned a man who had
committed some knavish trick upon at the Exchange
to sweep it out every day that it was used, during
six months.

Note by Dumont.

I am not aware of any objection
having been urged against the employment utility
of analogy as in punishments, – whilst it is
spoken of only in general terms, everybody acknowledges
its propriety – when we proceed to apply
the principle the imagination being the chief judge of the propriety of its application the diversity of opinion is infinite.
The Imagination is Fancy being the Chief Judge since
it is to the Imagination such punishments are which is addressed.
Hence some persons have been struck with
extreme repugnance in contemplating the
analogous punishments proposed by Mr Bentham(1) (1) Traités de Legislation Tom. II p.332.
whilst others have considered them only as the<lb/fit subjects for ridicule and caricature.

Success depends upon the Choice of
the means employed. Those sources of analogy
ought therefore to be avoided which are not of
a sufficiently grave character to be used as
punishments, but it may be observed that
with relation to certain offences, those for
instance, which are accompanied by insolence and
insult, that an analogous punishment which
excites ridicule is well calculated to humble the
pride of the offender and satis gratify the offended
party.

Identifier: | JB/141/038/001 "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	038	Info in main headings field
Image	001	Titles	note by dumont
Category	copy/fair copy sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	f8 / f10
Penner	richard smith	Watermarks	[[watermarks::[britannia with shield emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	48255
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