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B.1. Ch.8
(as the phrase is) will have Blood. Unless
a murderer be punished with death, the
multitude of speculators can seldom bring
themselves to think that the rules of justice
are pursued.
The law of retaliation is however
liable to a variety of objections, one of which
so far as it applies, is conclusive against its
adoption. In a great variety of cases it is
physically inapplicable. Without descending
far into detail, a few instances may suffice
as examples. In the first place it can
never be applied when the offence is merely
of a public nature, the characteristic quality
of such offences being, that no assignable
individual is hurt by them. If a man
has been guilty of high treason, or engaged has engaged
in criminal correspondence with an Enemy
or has from Cowardice abandoned the defence
of a post with which he entrusted to him; How would
it be possible to make him suffer an evil similar to
that of which he has been the cause.
It is equally inapplicable to
offences of the Semi public class – to offences
against a neighbourhood which affect a
certain district or particular class of the
community. The mischief of these offences
often consists in alarm and danger, which do
not affect any ass one individual alone and therefore
do not present any opportunity for the
exercise of retaliation
Identifier: | JB/141/041/001 "JB/" can not be assigned to a declared number type with value 141.
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141 |
rationale of punishment |
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041 |
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001 |
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copy/fair copy sheet |
2 |
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recto |
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richard smith |
dusautoy & rump 1809 |
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edward collins |
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1809 |
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48258 |
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