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<note>Cases unmeet</note | <note>Cases unmeet</note> | ||
<head>Chapter X<lb/> | <head>Chapter X<lb/> | ||
<hi rend="underline">Cases unmeet for Punishment</hi></head><lb/> | <hi rend="underline">Cases unmeet for Punishment</hi></head><lb/> | ||
< | |||
Punishment, as has been already observed, being<lb/> | <p>Punishment, as has been already observed, being<lb/> | ||
itself <del>a mischief</del>, <hi rend="superscript">an evil</hi> upon the principle of utility<lb/> | itself <del>a mischief</del>, <hi rend="superscript">an evil</hi> upon the principle of utility it<lb/> | ||
ought not to be <del>admitted</del> < | ought not to be <del>admitted</del> <add>employed</add> but where it promises to<lb/> | ||
exclude some greater mischief. It is plain<lb/> | exclude some greater mischief. It is plain<lb/> | ||
therefore that in the following case it ought not to<lb/> | therefore that in the following case it ought not to<lb/> | ||
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it must be <hi rend="underline">inefficacious.</hi> 3. Where it is <hi rend="underline">unprofitable</hi><lb/> | it must be <hi rend="underline">inefficacious.</hi> 3. Where it is <hi rend="underline">unprofitable</hi><lb/> | ||
or too <hi rend="underline">expensive.</hi> 4. Where it is needless <hi rend="superscript">where</hi> the<lb/> | or too <hi rend="underline">expensive.</hi> 4. Where it is needless <hi rend="superscript">where</hi> the<lb/> | ||
mischief < | mischief <add>may</add> <del>being to</del> <unclear>be presented</unclear> <del>at a <gap/> <gap/></del> or<lb/> | ||
cease of itself without it.<lb/></p> | |||
< | |||
1 Case in which punishment is groundless.<lb/> | <p>1 Case in which punishment is groundless.<lb/> | ||
Punishment is groundless where there never<lb/> | Punishment is groundless where there never<lb/> | ||
has been any mischief, <del>as</del> the act | has been any mischief, <del>as</del> the act which on some<lb/> | ||
occasions might be mischievous or disagreeable<lb/> | occasions might be mischievous or disagreeable<lb/> | ||
being the result of <gap/>; or where it is | being the result of <gap/>; or where it is more<lb/> | ||
them | them outweighed by the good, as when any thing<lb/> | ||
is done in the way of precaution <gap/> <gap/> <gap/><lb/> | is done in the way of precaution <gap/> <gap/> <gap/><lb/> | ||
calamity or with exercise of the domestic, judicial,<lb/> | calamity or with exercise of the domestic, judicial,<lb/> | ||
military or supreme powers. < | military or supreme powers.</p> | ||
< | |||
If <del>th</del> an accurate <del><gap/></del> conception of the <del> | <p>If <del>th</del> an accurate <del><gap/></del> conception of the <del>mischief</del><lb/> | ||
nature of <del>an</del> < | nature of <del>an</del> <add>that</add> offence has been formed it will<lb/> | ||
easily be distinguished from imaginary offences:<lb/> | easily be distinguished from imaginary offences:<lb/> | ||
from those acts that are innocent in themselves<lb/> | from those acts that are innocent in themselves<lb/> | ||
but which by the <gap/> of prejudice ignorance<lb/> | but which by the <gap/> of prejudice ignorance<lb/> | ||
antipathy and | antipathy and asceticism have been ranked among<lb/> | ||
crimes something in the same manner as many<lb/> | |||
<gap/> of wholesome good have <del><gap/></del> by some<lb/> | <gap/> of wholesome good have <del><gap/></del> by some<lb/> | ||
people been | people been pronounced poisonous & unclean. <unclear>Heresy</unclear><lb/> | ||
and <del>so</del> witchcraft are offences of this < | and <del>so</del> witchcraft are offences of this class.<lb/> | ||
</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
Cases unmeet
Chapter X
Cases unmeet for Punishment
Punishment, as has been already observed, being
itself a mischief, an evil upon the principle of utility it
ought not to be admitted employed but where it promises to
exclude some greater mischief. It is plain
therefore that in the following case it ought not to
be admitted. 1. When it is groundless. 2. Where
it must be inefficacious. 3. Where it is unprofitable
or too expensive. 4. Where it is needless where the
mischief may being to be presented at a or
cease of itself without it.
1 Case in which punishment is groundless.
Punishment is groundless where there never
has been any mischief, as the act which on some
occasions might be mischievous or disagreeable
being the result of ; or where it is more
them outweighed by the good, as when any thing
is done in the way of precaution
calamity or with exercise of the domestic, judicial,
military or supreme powers.
If th an accurate conception of the mischief
nature of an that offence has been formed it will
easily be distinguished from imaginary offences:
from those acts that are innocent in themselves
but which by the of prejudice ignorance
antipathy and asceticism have been ranked among
crimes something in the same manner as many
of wholesome good have by some
people been pronounced poisonous & unclean. Heresy
and so witchcraft are offences of this class.
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Identifier: | JB/141/054/002"JB/" can not be assigned to a declared number type with value 141. |
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141 |
rationale of punishment |
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054 |
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002 |
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copy/fair copy sheet |
2 |
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|
recto |
f5 / f7 |
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richard smith |
dusautoy & rump 1809 |
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edward collins |
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1809 |
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48271 |
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