JB/159/133/003

Click Here To Edit

11

Of the Lex Talionis.

may not be found to apply bear to it) of a cas the neglect
of it may not be in most cases at least [justified] warranted by reasons of a
nature cast somewhat more precise and satisfactory. [and conclusive.]

1 Besides the objections to it that may be seen to
arise from the foregoing review, there is another still
more conclusive as far as it applies, which is to wit that
it is in most cases it is physically impracticable.
This will presently be perceived from a slight and
general view of the several classes sorts of offences, considered
in classes and without descending far into detail.

In the first place it can never be applied to oth any is absolutely inapplicable to all
Offences of a merely public nature for it is the
characteristic of [that class such offences that no assignable individual
is hurt by any of the offences which compose it.] that
no assignable individual is hurt by them. If its therefore
inapplicable to the 3d of our 4 classes of offence.

In the next place it is inapplicable to Offences
against Morality: these consist in a a hurt done to a
man by himself: but as the hurt done by them seems to him no
hurt, to do that hurt to him and no more would not in
his eyes be a punishment. It is not applicable therefore
to the 4th class.

In the 3d place it is not applicable without much greater mischief than advantage to Offences against
a Neighbourhood. For by them the hurt that
is done is done to a whole Neighbourhood at once. There is To punish
no hurting punishing him therefore one must punish a whole neighbourhood
along with him. If such means of hurting him be employ'd
or serve to confine the mischief to him only this takes the case
out of the class in question. As if his crime was that of
setting

Identifier: | JB/159/133/003 "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	133	Info in main headings field	of the lex talionis
Image	003	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f9 / f10 / f11 / f12
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	53956
Box Contents