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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

Identifier: | JB/159/133/003
"JB/" can not be assigned to a declared number type with value 159.


Marginal Summary Numbering

not numbered



Main Headings


Folio number


Info in main headings field

of the lex talionis





text sheet

Number of Pages




Page Numbering

f9 / f10 / f11 / f12


jeremy bentham


[[watermarks::l v g propatria [britannia motif]]]


jeremy bentham

Paper Producer

caroline vernon


Paper Produced in Year

Notes public

ID Number


Box Contents

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