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Of the Lex Talionis

fire to a town, and his punishment consist in the his being
burnt by himself alone: this would be hurting punishing him
not as for an offence of the second class, but as for an one
offence of the 1st class, viz destroying a separate an individual
by Fire.

In the 4th place it can not be applied to those crimes
the mischief of which consists in having given cause
to apprehend a mischief which from [accident] want
of opportunity, or change of intention happens not to
be inflicted. For the Law must perform what it threatens
or it does nothing. It cannot therefore be applicable
to Threats of Attempts referable to any of
the offences of the 1st class.

In the 5th place if the means be taken into the it cannot be applied to those crimes
the mischief of whi offence of which consists in this mischief of which consists in part of sudden terror
that the mischief they produce is either perpetrated
secretly or comes in a manner sudden and
. For what the Law does it d must declare
openly. It's measures are announced before thing are executed beforehand:
the terror it produces however great can not
be sudden. On this account the rule of Retaliation
can not be applied to of any kind, to Offences affecting Property, and
Person together: to Robbery: or to House-breaking, or Forcible Devastation.

In the 6th place I it cannot be applied to defamation injuries
to the reputation merely
; at least to the most common cases of that offence.
In these cases the injuriousness of the relation speech report consists
in the falshood. But the Law cannot injure hurt a man
in his reputation by a false report: because whatever it does
it must profess to do. Now if the Law says to it's Officer

Identifier: | JB/159/133/004
"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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