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98)
CRIT. JUR. CRIM.
A man must be commanded to take the goods in
question at the same under the same circumstances
in which he is at the same time forbidden so to
take them. In the same manner it is easy to make
out the reason why it is equally impossible to punish
Forgery by Forgery, or Adultery by Adultery. The
truth is we see the notion of punishing Theft by Theft
and so forth in the instances here remarked on, comes
out when explained, to impart a verbal contradiction.
The words here used to signify the acts proposed for
punishment, express represent according to common approb
acceptation, along with the circumstances naturally related to
the act, this adventitious one of it's being in
the number of those that are forbidden by the Law.
The absudity which Sr. W. charges and in truth with reason enough upon a proposal
of the sort he mentions, his or not in any wickedness
he seems to imagine there is in the measure proposed, but in the contradiction
there is in the terms in which he has proposed
it. As to the rest, in charging absurdity
upon the rule of retaliation he need not have confined
himself to the any number or class of instances any
more than to those which he has mentioned. In any To take
case that can be the rule from these examples, it will
be in all cases equally and utterly impracticable to
punish any offence according to by the rule of retaliation.
For in no one case will it ever be practicable
that to carry into execution a Law which at once commands
a thing and forbids it.
Identifier: | JB/159/262/002 "JB/" can not be assigned to a declared number type with value 159.
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159 |
punishment |
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262 |
crit. jur. crim |
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002 |
punishment / talio - blackst. |
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text sheet |
4 |
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recto |
d97 / d98 / d99 / d100 |
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jeremy bentham |
[[watermarks::[gr with crown] propatria [britannia motif]]] |
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54085 |
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