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<p><note><del>Proportion</del><lb/> | |||
Measure</note></p> | |||
<p>he will begin with the rules that tend to<lb/> | |||
fix the limits to it on the <hi rend="underline">minus</hi> side. Then<lb/> | |||
1. the Profit, meaning the real profit of the offence<lb/> | |||
2<hi rend="superscript">d.</hi> the apparent profit of it.</p> | |||
<p>Rule 1. <hi rend="underline">The <add>value of the</add> punishment <del>ought</del> <add>must</add> not <del>to be</del> be less <add>in any case</add> than<lb/> | |||
<add>what is sufficient to outweigh that of</add> the profit <del>(meaning the real profit)</del> of the <del>crime</del> <add>offence.</add></hi> </p> | |||
<p>The real profit of the crime, when understood, is<lb/> | |||
the force which urges a man <hi rend="underline">to</hi>delinquency: the<lb/> | |||
pain of the punishment is that which is to<lb/> | |||
restrain <del>fro</del> him <hi rend="underline">from</hi> it. If <add>in his estimation</add> the first of these<lb/> | |||
forces be the greater he will committ the crime:<lb/> | |||
if the second he will not committ it. If then<lb/> | |||
a man having reaped the profit of a crime, &<lb/> | |||
undergone the punishment, finds the former more<lb/> | |||
than equivalent to the latter, he will go on<lb/> | |||
offending <hi rend="underline">ad infinitum</hi>; there is nothing to<lb/> | |||
restrain him. Whatever punishment he undergoes<lb/> | |||
in this case is just so much <del>mor</del> worse than nothing:<lb/> | |||
it is expence without profit: as it cannot have<lb/> | |||
the effect of preventing any mischief, it is so<lb/> | |||
much misery in waste. It is therefore plain<lb/> | |||
to demonstration that <add>with respect to the particular delinquent</add> <hi rend="underline">an inadequate punishment<lb/> | |||
is worse than none at all</hi>. <add>With respect to others</add> in the way of <del>examp</del><lb/> | |||
example, it operates rather as an encouragement<lb/> | |||
than as a restraint. If a man, after having<lb/> | |||
undergone the punishment, is seen to repeat<lb/> | |||
the offence, it is an invitation to others to pursue<lb/> | |||
the same profitable career.*</p> | |||
<p><head>Note</head></p> | |||
<p>* Our Saxon ancestors were not altogether ignorant<lb/> | |||
of the necessity of establishing a proportion between<lb/> | |||
punishments & offences but were not <del>very</del> <add>remarkably</add> dextrous<lb/> | |||
in the management of such tools: the <del>fee</del> value<lb/> | |||
in money of each persons life was fixt. For 200 shillings<lb/> | |||
you might have killed a peasant: for 6 times as much<lb/> | |||
<add>a</add></p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
Proportion
Measure
he will begin with the rules that tend to
fix the limits to it on the minus side. Then
1. the Profit, meaning the real profit of the offence
2d. the apparent profit of it.
Rule 1. The value of the punishment ought must not to be be less in any case than
what is sufficient to outweigh that of the profit (meaning the real profit) of the crime offence.
The real profit of the crime, when understood, is
the force which urges a man todelinquency: the
pain of the punishment is that which is to
restrain fro him from it. If in his estimation the first of these
forces be the greater he will committ the crime:
if the second he will not committ it. If then
a man having reaped the profit of a crime, &
undergone the punishment, finds the former more
than equivalent to the latter, he will go on
offending ad infinitum; there is nothing to
restrain him. Whatever punishment he undergoes
in this case is just so much mor worse than nothing:
it is expence without profit: as it cannot have
the effect of preventing any mischief, it is so
much misery in waste. It is therefore plain
to demonstration that with respect to the particular delinquent an inadequate punishment
is worse than none at all. With respect to others in the way of examp
example, it operates rather as an encouragement
than as a restraint. If a man, after having
undergone the punishment, is seen to repeat
the offence, it is an invitation to others to pursue
the same profitable career.*
Note
* Our Saxon ancestors were not altogether ignorant
of the necessity of establishing a proportion between
punishments & offences but were not very remarkably dextrous
in the management of such tools: the fee value
in money of each persons life was fixt. For 200 shillings
you might have killed a peasant: for 6 times as much
a
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Identifier: | JB/141/018/002"JB/" can not be assigned to a declared number type with value 141. |
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|---|---|---|---|
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141 |
rationale of punishment |
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018 |
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002 |
equability |
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copy/fair copy sheet |
2 |
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|
recto |
f2 / f2 |
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|
richard smith |
dusautoy & rump 1809 |
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|
edward collins |
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1809 |
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48235 |
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