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28 Decr. 1810
Prize 1805 1809
1. A penalty punishment the quantum of which is fixt while the
quantum of profit on which depends the force of the temptation
is variable, will almost always in almost every instance be either insufficient
or excessive.
2. The sum which a man has to pay being the same, and
the cause for which he has to pay is the same. When a man is made to pay a given sum say £100,
whether it be called a debt, a penalty, or any thing
else his suffering is will be still the same.
3. The infliction which a man has to undergo
being the same, whatsoever be the cause, be it corporal
punishment, be it pecuniary loss, whether it be by
means testimony extracted out of his own mouth, or
out of his own hand be or be not employed in his
conviction, his suffering will be the same.
These propose if any surely, are of the number of those are among the propositions, to the
conception of which the plainest understanding is fully
adequate competent, and to the truth of which, it requires belongs
only to that absurdity under the mask of learning
to render a man insensible oppose a doubt.
From these several truths, if applied to practice,
would result so many rules, of which the practice of
English legislation and under the guidance of English judicature is one continued
violation.
For in England this country of self imputed ascribed wisdom
law shares with divinity, the honour of giving birth to that
sort of courage, by which a man is enabled to oppose
denial to facts certified attested to bearing upon the face of them the attestation of every man by perpetual as
well as universal as well as perpetual experience.
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Identifier: | JB/547/434/001 "JB/" can not be assigned to a declared number type with value 547.
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1810-12-25 |
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547 |
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434 |
Prize. 1805. 1809 § |
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001 |
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Text sheet |
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Jeremy Bentham |
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