JB/159/123/003

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7

Analogy

In of the crimes of Incendiarism and Inundation
there is nothing particular in the offending member.
In these cases the instrument of mischief
is the characteristic circumstance. In the first
of them fire is that instrument; in the second,
Water. Let Fire then may be employ'd in the punishment
of Incendiarism; water in that of Inundation.
The analogy in this case will be equally
close as in any of the preceding. The instrument
by with which the instrument of the offence
was committed, and which constituted the peculiar
malignity of the crime, will be the same
with which the punishment is to be inflicted.

The punishment of burning to death, is the
most terrible to sense of any the English Law
allows of. Horrible as it is, it shold be husbanded
one should would think with the greatest
care; and not brought before forth but in cases
where of the most urgent necessity, and where it
promises to have the greatest effect. In point of fact it
is la preposterously lavished upon a crime of a
less mischievous,[a] a crime to which it has not the remotest
analogy the crime of Homicide: and in that case is stands appropriated
to that sex tender sex from which the ordinary measure of punishment
finds is like to find the least resistance.

NOTE.

[a] I mean the incendiarism, when the destruction of
life is part of the mischief produced by that offence. If
no life be lost, nor other personal injury sustained, it stands
only upon
To Ins: p.3

Identifier: | JB/159/123/003 "JB/" can not be assigned to a declared number type with value 159.
Date_1		Marginal Summary Numbering	not numbered
Box	159	Main Headings	punishment
Folio number	123	Info in main headings field	analogy
Image	003	Titles	rape / incendiarism / inundation / instrument the same water
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f5 / f6 / f7 / f8
Penner	jeremy bentham	Watermarks	[[watermarks::l v g propatria [britannia motif]]]
Marginals	jeremy bentham	Paper Producer	caroline vernon
Corrections		Paper Produced in Year
Notes public		ID Number	53946
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