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B.1 Ch.9

IV Humanity Attend not to the sophistries of reason
which often deceive, but be governed by
IV Humanity "Listen not to the given voice of reason which
so often misleads us; that but to the heart that faithful
& unerring guide, the heart
your hearts which will always lead your right. I reject without
hesitation the punishment you propose, because
it violates the natural feelings, it laments narrows up the
susceptible mind mind, it is tyrannical and
cruel." This is the sort of Such is the argument language we may in question
of your sentimental orators.

Last What is clear however that is that if But abolish any one penal law merely
the being because it is repugnant to the feelings of a humane
head, & be a sufficient objection against a penal
law, the whole penal Code must be abolished at
if consistent you abolish the whole penal Code
a stroke. Is there any one the There is not one of its provisions
that does not in a a greater or less & greater some degree perceive
of a painful shock to the sensible
a more or less painful degree would be the sensibility.

All punishment is in itself necessarily odious.
If is such even not averse to it, would it be
calculated to attain its objec? be the mode of
punishment can be approved of that in as far as it is not associated
with the idea of the offence.

If it were not dreaded it would
not effect its purpose. It
can never be contemplated with
approbation but when considered
as deserved by in connection with the prevention of the crime
against which it is denounced.

I reject the Sentiment as a an absolute Judge – As a monitor
it may not be altogether without it in subordination to reason it may be of the
but under the controul of reason it may not be a
altogether without its use. If any useless monitor. When a penal dispensation
happens to be is revolting to the public feelings, this is not
of itself a sufficient reason for passing condemnation
upon it
rejecting it, but it is a reason for subjecting it to
a rigorous scrutiny. If it deserves the antipathy
that it felt, as shall ready readily the rational it excites, the causes of that antipathy will not may be
proved. difficult to detect easily detected. We shall find that the punishment
in question is misscaled or superfluous, or
disproportionate to the offence, or that it had a
tendency to produce preponderant evils. more mischief than it prevented. By
this means we shall arrive at their seat of the error
Sentiment gives to greater pleasure to Sentiment excites to reflection, and reflection detects
the impropriety the vides of the law.

Identifier: | JB/141/044/001
"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





copy/fair copy sheet

Number of Pages




Page Numbering

f6 / / f7 /


richard smith


[[watermarks::dusautoy & rump 1809 [britannia with shield emblem]]]


Paper Producer

edward collins


Paper Produced in Year


Notes public

ID Number


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