JB/141/132/004

Click Here To Edit Of Subsidiary Punishments

Rule 3d When the cause of failure may be want of power
or want of will and it is cannot be known which as it may happen,the subsidiary
punishment ought to be greater than the punishment
first-designed, but not so much greater as in the
second casecase last mentioned. This is apt to be the case with pecuniary Forfeitures.
If however it can be ascertained which of
these is the cause, it ought always to be done: otherwise
on the one hand he who fails from
mere inability maywill be punished more than there
is occasion, and he who fails wilfully makes default from want of will inclination
not enough.

When a man fails wilfully to submitt to the
punishment first-designed for him, such a failure
may be cconsider'd in the light of an offence.
Viewing it in this light we shall immediately.
see the propriety of the following rule I

Rule 4 that The subsidiary punishment ought to
be made the greater, the [more difficult it is
for the failure defaulter to be detected and made amenable]
easier it is for the delinquent to [make default][withdraw himself avoid
from]avoid the punishment first-designed [without being
detected and made amenable.] For the punishment
to be efficacious must always be greater than profittemptation
ofto the offence: and the temptation to the offence
is the greater, the greater is the uncertainty of that
punishment which is the motive that stands inin ballance
weighs against the profit of the offence.

---page break---

Identifier: | JB/141/132/004 "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	132	Info in main headings field	book 6 ch. 2 of subsidiary punishments
Image	004	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f1 / f2 / f3 / f4
Penner	jeremy bentham	Watermarks	[[watermarks::l v g propatria [britannia motif]]]
Marginals		Paper Producer	caroline vernon
Corrections		Paper Produced in Year
Notes public		ID Number	48349
Box Contents