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<head>Indirect Legislation § 9</head> | |||
<note>§ 4 Power</note> | |||
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<note>it is only against<lb/> those who have been <lb/>tainted with guilt already <lb/>that it can be worth while <add>we can be warranted in</add><lb/> to take this expensive<lb/> chance of preventing <lb/>it in future<lb/></note> | |||
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[<del><add>who</add> are as yet innocent, there is nothing to be done]<lb/>in this way there is no proceeding against the <add>those who are as yet</add> innocent: <lb/>one can proceed only against the guilty <add>in this way</add>. There<lb/>is no preventing mischief in the first instance:<lb/></del> | |||
<add>But these processes expedients are rather of the expensive cast:<lb/>and if put in practise upon all mankind without distinction, the advantage would<lb/>scarcely worth the purchase. <del>The</del><sic>Employ'd</sic> with advantage<lb/>they can be <sic>employ'd</sic> practised only against upon the guilty: indeed that is upon those<lb/>only who have been guilty to such a degree</add> <note>as that the misery requisite<lb/>to be applied to<lb/>them in the way of punishment<lb/> <add>without any addition </add> shall <add>not</add> be sufficient<lb/>for this use. It is<lb/>in this principle in part<lb/>that the <add>politicians</add> rulers of most<lb/>states justify the lavish<lb/>use which in most nations<lb/>is made of the punishment<lb/>of death: as if forgetting <add>they forget</add><lb/>that confinement <del>would</del> <lb/>might<lb/>answer the same purpose.<lb/>It is on the same principle<lb/>that M. Beccaria<lb/>with much better reason<lb/><del>recommends the occasional</del> <add>allows the possible </add><lb/><add>expediency</add> use of the same<lb/>punishment in the case of<lb/>state offenses, where faction<lb/>will sometimes hang upon<lb/>a single life.<lb/>Upon the whole then<lb/>this plan of policy can<lb/>seldom with advantage be<lb/><sic>employ'd</sic> in the first instance:<lb/> we<lb/></note> we must wait for its having <add>stay till it has</add> actually taken place<lb/>in one instance before <del>the l</del> it can be worth<lb/>while to take this expensive chance of preventing<lb/>it in future. In a word it is only <del>in the<lb/>ordinary way of direct legislation</del> by <add>in the way of</add> punishment<lb/>that guilt <add>delinquency</add> can be attacked <add>with advantage</add> in this quarter:<lb/>that is by choosing <add>adapting to each offence</add> [<add>that is</add> in the case where the magnitude<lb/>of the mischief will warrant the expensiveness<lb/>of the remedy] such punishments as <del>shall</del><lb/>are distinguished by <add>in point of</add> their <hi rend="underline">disabling efficacy</hi>. But<lb/>this line of policy seems hardly to outstep the<lb/>limits of direct and ordinary legislation: it has<lb/>accordingly been <add>traced out</add> already <del>noticed</del> in a former<lb/>chapter. <note>Ch XV. [Properties] xviii.<lb/></note><pb/> | |||
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2
Indirect Legislation § 9
§ 4 Power
it is only against
those who have been
tainted with guilt already
that it can be worth while we can be warranted in
to take this expensive
chance of preventing
it in future
[who are as yet innocent, there is nothing to be done]
in this way there is no proceeding against the those who are as yet innocent:
one can proceed only against the guilty in this way. There
is no preventing mischief in the first instance:
But these processes expedients are rather of the expensive cast:
and if put in practise upon all mankind without distinction, the advantage would
scarcely worth the purchase. TheEmploy'd with advantage
they can be employ'd practised only against upon the guilty: indeed that is upon those
only who have been guilty to such a degree as that the misery requisite
to be applied to
them in the way of punishment
without any addition shall not be sufficient
for this use. It is
in this principle in part
that the politicians rulers of most
states justify the lavish
use which in most nations
is made of the punishment
of death: as if forgetting they forget
that confinement would
might
answer the same purpose.
It is on the same principle
that M. Beccaria
with much better reason
recommends the occasional allows the possible
expediency use of the same
punishment in the case of
state offenses, where faction
will sometimes hang upon
a single life.
Upon the whole then
this plan of policy can
seldom with advantage be
employ'd in the first instance:
we
we must wait for its having stay till it has actually taken place
in one instance before the l it can be worth
while to take this expensive chance of preventing
it in future. In a word it is only in the
ordinary way of direct legislation by in the way of punishment
that guilt delinquency can be attacked with advantage in this quarter:
that is by choosing adapting to each offence [that is in the case where the magnitude
of the mischief will warrant the expensiveness
of the remedy] such punishments as shall
are distinguished by in point of their disabling efficacy. But
this line of policy seems hardly to outstep the
limits of direct and ordinary legislation: it has
accordingly been traced out already noticed in a former
chapter. Ch XV. [Properties] xviii.
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jeremy bentham |
[[watermarks::r williams [britannia with shield emblem]]] |
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c. hamilton |
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