JB/159/268/001

Click Here To Edit

121)

CRIT. JUR. CRIM.

Of this rule Sr William Blackstone observes, and very
truly that "it can never be in all cases an adequate
"or punis permanent rule of punishment."† † Le Comm. 12. To shew this he
mentions several instances examples. But in these he seems to be
rather unfortunate: for in these cases of these be any in any of these instances
thing to hinder the rule we are speaking of from being
an adequate or permanent rule of punishment, at
least I can not find anything in what he has mentioned it does not appear there is from any thing he has
advanced. The instances are those of Theft, Defamation
Forgery and Adultery. These then he gives us we are to understand
are of the number of those in which the rule
of retaliation can not be an adequate or permanent
rule of punishment. as a proof of this, he thinks
it sufficient to say, that Theft cannot be punished
"by Theft, Defamation by Defamation, Forgery by
"Forgery, or Adultery by Adultery. These are the observations
he mades for the purpose of showing proving that the several
crimes of Theft, Defamation, Forgery and Adultery
cannot be punished by the rule of retaliation without
"give manifest absurdity and wickedness. But By these specifications
he appears unaccountably to have mistaken the import
of the rule: unaccountably, considering the just account
(explanation) he himself has given of it in the next sentence.

For if there be any thing in any of them which hinders
the rule in question from being and adequate or and permanent
rule when applied to them, it is not from any thing more than appearing
he says that it appears from his account of them. The instances are Theft
Defamation Forgery and Adultery. Theft he gives These
he

Identifier: | JB/159/268/001 "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	268	Info in main headings field	crit. jur. crim
Image	001	Titles	punishment - talis - blackst.
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	d121 / d122 / d123 / d124
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown] propatria [britannia motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	54091
Box Contents