JB/159/262/001

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97)

CRIT. JUR. CRIM.

His notion it is plain, by this is, that the way to punish
Theft be upon the principle of retaliation by the rule of retaliation, is
by Theft, Forgery by Forgery, and so on. But
in this he is mistaken. The rule of the retaliation
is a rule which a in the cases he has instanced, whether
for expedient or no is certainly without question practicable.
But by no power divine no human can it
pr be practised in the way he mentions. The manifest
absurdity and wickedness which he finds in it, is
note quite so easy to discover: but the utter impracticability
of it is an objection that makes the others
needless. Nothing can be truer than what he says
that "Theft cannot be punished by Theft, Forgery
"by Forgery, Adultery by Adultery". The reason is that
nothing can be more impracticable than to carry into
execution a Law by which the same thing is at once
forbidden and commanded. To committ theft, to
steal a thing is to take it in certain circumstances
in which the Law under penalties of extraordinary severity has forbidden it to be
taken. To committ forgery is to take a sort certain sort of thing, or at least
to take certain steps in the intention of taking it, under
certain other circumstances in which the Law has
under like extraordin penalties forbidden it to be taken.
To committ Adultery is to enjoy the favours of a woman, under
certain circumstances, in which under certain penalties
the Law has forbidden them to be enjoy'd.

Now supposing the thing possible how is it that an
act of Theft would be to be punished (by appointment
of Law we are to understand) by an act of Theft.
A

Identifier: | JB/159/262/001 "JB/" can not be assigned to a declared number type with value 159.
Date_1		Marginal Summary Numbering
Box	159	Main Headings	punishment
Folio number	262	Info in main headings field	crit. jur. crim
Image	001	Titles	punishment / talio - blackst.
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	d97 / d98 / d99 / d100
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown] propatria [britannia motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	54085
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