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122)
CRIT. JUR. CRIM.
he gives us to understand are, every one of them, among of
the number of those "very many crimes which will in
"no shape admitt of these penalties" (meaning such as
are prescribed by the rule of retaliation) "without manifest
"absurdity and wickedness." "Theft", he says, "cannot
"be punished by Theft, defamation by defamation,
"forgery by forgery, adultery by adultery." But here
there seems to lurk a fallacy. By In order for Theft,
for example, to be punished it is se according to the
rule of retaliation, it is not necessary I apprehend,
that it should be punished by Theft. For a Theft to be punished
by this rule it is not necessary, I apprehend
that the act by which he suffers should be the same
as that by which he did the mischief: it is sufficient
if the effects of it are the same as those which
were experienced by the party injured. This is no more
than what he seems to be satisfied of in the most very sentence,
where in a parenthesis he says gives (a very just) such an account of the purpose
of that rule as seems a very just one. To proceed by the rule he says
is to do the same hurt he has done to his neighbour,
and no more. "The same hurt", not a hurt done
in the same way, by the same means
Identifier: | JB/159/268/002 "JB/" can not be assigned to a declared number type with value 159.
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159 |
punishment |
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268 |
crit. jur. crim |
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002 |
punishment - talis - blackst. |
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text sheet |
4 |
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recto |
d121 / d122 / d123 / d124 |
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jeremy bentham |
[[watermarks::[gr with crown] propatria [britannia motif]]] |
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54091 |
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