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<head><hi rend='superscript'>31)</hi> Pers:<hi rend='superscript'>l</hi> Inj:<hi rend='superscript'>s</hi> Disabl:<hi rend='superscript'>t</hi> temp.<hi rend='superscript'>y</hi></head><!-- left aligned --> | <head><hi rend='superscript'>31)</hi> Pers:<hi rend='superscript'>l</hi> Inj:<hi rend='superscript'>s</hi> Disabl:<hi rend='superscript'>t</hi> temp.<hi rend='superscript'>y</hi></head><!-- left aligned --> | ||
<p><note>Where a ground of exemption was imagined to subsist but falsely.</note> <add>punishment</add> altogether ; otherwise not. To this it may be <sic>answerd</sic> 1 | <p><note>Where a ground of exemption was imagined to subsist but falsely.</note> <add>punishment</add> altogether; otherwise not. To this it may be <sic>answerd</sic> 1 | ||
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that if this were the case men would be induced to | that if this were the case men would be induced to | ||
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<gap/> in a sincere but erroneous persuasion <del>which</del> <add>in</add> | <gap/> in a sincere but erroneous persuasion <del>which</del> <add>in</add> | ||
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<add>many cases , <sic>wher</sic></add> had they been stimulated by the fear of punishment, | <add>many cases, <sic>wher</sic></add> had they been stimulated by the fear of punishment, | ||
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they might have been induced to correct <add>it <add>rectify it:</add></add>. 2<hi rend='superscript'>dly</hi>. <del>t</del>That | they might have been induced to correct <add>it <add>rectify it:</add></add>. 2<hi rend='superscript'>dly</hi>. <del>t</del>That | ||
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it would not be difficult to counterfeit such a persuasion | it would not be difficult to counterfeit such a persuasion | ||
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where it did not really cost <note>by their discourse of <del>by</del> the manner of deportment , which might impose [in the witness & through pain] on the Judge</note> : at least | where it did not really cost <note>by their discourse of <del>by</del> the manner of deportment , which might impose [in the witness & through pain] on the Judge</note>: at least | ||
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[what would produce <add>come to the same thing</add> the same mischief] people in | [what would produce <add>come to the same thing</add> the same mischief] people in | ||
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general would not <hi rend='underline'>think</hi> it difficult to counterfeit it. | general would not <hi rend='underline'>think</hi> it difficult to counterfeit it. | ||
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[Another thing <unclear>ad</unclear>]<add><del><gap/></del></add> 3<hi rend='superscript'>dly</hi> that <del>the punishment</del> , although | [Another thing <unclear>ad</unclear>]<add><del><gap/></del></add> 3<hi rend='superscript'>dly</hi> that <del>the punishment</del>, although | ||
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<add>in any case</add> the persuasion should be [supposed to be] invincible, and | <add>in any case</add> the persuasion should be [supposed to be] invincible, and | ||
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purpose if prevention <add>at worst</add> would <del>at worst</del> not <add>not or at least need not</add> be so much misery | purpose if prevention <add>at worst</add> would <del>at worst</del> not <add>not or at least need not</add> be so much misery | ||
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running to <del><unclear>wh</unclear></del> waste : it would not if that mode | running to <del><unclear>wh</unclear></del> waste: it would not if that mode | ||
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of punishment were adopted which is capable of being | of punishment were adopted which is capable of being | ||
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turned to the profit of the party injured . Allowing | turned to the profit of the party injured. Allowing | ||
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B. the defender <add>in such a case</add> to be innocent , so <add>also</add> was <add>C.</add> the claimant | B. the defender <add>in such a case</add> to be innocent, so <add>also</add> was <add>C.</add> the claimant | ||
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the party to whom D. did | the party to whom D. did this injury. The pain <add>evil</add> | ||
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introduced into society by this unwarrantable attack | introduced into society by this unwarrantable attack | ||
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as it has proved of C's <sic>somebddy</sic><!-- mis-spelling of 'somebody' ? --> must bear <add>suffer</add>. If not D. an innocent man , C. must another innocent | as it has proved of C's <sic>somebddy</sic><!-- mis-spelling of 'somebody' ? --> must bear <add>suffer</add>. If not D. an innocent man, C. must another innocent | ||
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man. The question is , which of them. <note>If C. does , then <del>B.</del> as far as he does D. need not .</note> If C. no good | man. The question is, which of them. <note>If C. does, then <del>B.</del> as far as he does D. need not.</note> If C. no good | ||
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can come of the pain at all . If D. there is a | can come of the pain at all. If D. there is a | ||
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chance at least that other <add>others</add> persons in his circumstances | chance at least that other <add>others</add> persons in his circumstances | ||
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may , by the fear of the punishment which he | may , by the fear of the punishment which he | ||
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is made to suffer | is made to suffer, b<hi rend='underline'>e</hi> <sic>renderd</sic> more cautious than he | ||
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was. | was. | ||
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31) Pers:l Inj:s Disabl:t temp.y
Where a ground of exemption was imagined to subsist but falsely. punishment altogether; otherwise not. To this it may be answerd 1
that if this were the case men would be induced to
in a sincere but erroneous persuasion which in
many cases, wher had they been stimulated by the fear of punishment,
they might have been induced to correct it <add>rectify it:</add>. 2dly. tThat
it would not be difficult to counterfeit such a persuasion
where it did not really cost by their discourse of by the manner of deportment , which might impose [in the witness & through pain] on the Judge: at least
[what would produce come to the same thing the same mischief] people in
general would not think it difficult to counterfeit it.
[Another thing ad] 3dly that the punishment, although
in any case the persuasion should be [supposed to be] invincible, and
although the circumstances were such that there was no
chance that of it's the apprehension of it should answer the
purpose if prevention at worst would at worst not not or at least need not be so much misery
running to wh waste: it would not if that mode
of punishment were adopted which is capable of being
turned to the profit of the party injured. Allowing
B. the defender in such a case to be innocent, so also was C. the claimant
the party to whom D. did this injury. The pain evil
introduced into society by this unwarrantable attack
as it has proved of C's somebddy must bear suffer. If not D. an innocent man, C. must another innocent
man. The question is, which of them. If C. does, then B. as far as he does D. need not. If C. no good
can come of the pain at all. If D. there is a
chance at least that other others persons in his circumstances
may , by the fear of the punishment which he
is made to suffer, be renderd more cautious than he
was.
As the pa Mean time as the quantity of punishment
Identifier: | JB/072/166/001"JB/" can not be assigned to a declared number type with value 72. |
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not numbered |
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072 |
penal code |
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166 |
pers:l inj:s disabl:t tempy |
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001 |
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text sheet |
4 |
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recto |
e31 / e32 / e33 / e34 |
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jeremy bentham |
[[watermarks::[gr with crown motif] pro patria [with motif]]] |
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23783 |
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