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Cases unmeet
Chapter X
Cases unmeet for Punishment
Punishment, as has been already observed, being
itself a mischief, an evil upon the principle of utility it
ought not to be admitted employed but where it promises to
exclude some greater mischief. It is plain
therefore that in the following case it ought not to
be admitted. 1. When it is groundless. 2. Where
it must be inefficacious. 3. Where it is unprofitable
or too expensive. 4. Where it is needless where the
mischief may being to be presented at a or
cease of itself without it.
1 Case in which punishment is groundless.
Punishment is groundless where there never
has been any mischief, as the act which on some
occasions might be mischievous or disagreeable
being the result of ; or where it is more
them outweighed by the good, as when any thing
is done in the way of precaution
calamity or with exercise of the domestic, judicial,
military or supreme powers.
If th an accurate conception of the mischief
nature of an that offence has been formed it will
easily be distinguished from imaginary offences:
from those acts that are innocent in themselves
but which by the of prejudice ignorance
antipathy and asceticism have been ranked among
crimes something in the same manner as many
of wholesome good have by some
people been pronounced poisonous & unclean. Heresy
and so witchcraft are offences of this class.
Identifier: | JB/141/054/002 "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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054 |
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002 |
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copy/fair copy sheet |
2 |
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recto |
f5 / f7 |
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richard smith |
dusautoy & rump 1809 |
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edward collins |
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1809 |
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48271 |
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