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itself is undeniably <add>one</add> of the highest importance:<lb/> | itself is undeniably <add>one</add> of the highest importance:<lb/> | ||
but wrapt up in their general terms it is more<lb/> | but wrapt up in their general terms it is more<lb/> | ||
edifying than instructive. | edifying than instructive. <del>Nothing has ever said</del> <add>It has never yet been attempted</add><lb/> | ||
</p> | <del><add>yet</add> been said to explain to in what the purpose</del> <add>to explain <del>by what rules this</del> upon what principles the proportion</add><lb/> | ||
<del>as yet to consist, by</del> <add>is to be founded: <del>be determined</del> by</add> what rules <del>ought to determine</del><lb/> | |||
the applying such a punishment to such an<lb/> | |||
offence ought to be determined.</p> | |||
<p><del>There are degrees of punishment: they have</del> <add>Punishment is variable in its amount: it has</add><lb/> | |||
<del>this</del> <add>also a</add> <hi rend="underline">minimum</hi> and <del>this</del> a <hi rend="underline">maximum</hi>. There<lb/> | |||
<del>is</del> are reasons for setting limits to the quantity<lb/> | |||
of punishment on the <hi rend="underline">minus</hi> side <add>as well</add> as there are<lb/> | |||
for setting limits to it on the <hi rend="underline">plus</hi> side. These<lb/> | |||
are the two sides of the question, <del>to</del> each of which<lb/> | |||
demands an equal degree of attention.</p> | |||
<p><head>Note</head></p> | |||
<p>The task has not only not been performed but by<lb/> | |||
a very <del>clo</del> celebrated writer on the subject of penal law<lb/> | |||
it has been pronounced to be impossible.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
Chap. 5
Of the Proportion punishment & Offences. Measure of Punishment
Let there be a proportion between offences and
punishments. So have said Be Montesquieu
and Beccaria* * trad. par Morellet Sect. 23 and many others. The maxim
itself is undeniably one of the highest importance:
but wrapt up in their general terms it is more
edifying than instructive. Nothing has ever said It has never yet been attempted
yet been said to explain to in what the purpose to explain by what rules this upon what principles the proportion
as yet to consist, by is to be founded: be determined by what rules ought to determine
the applying such a punishment to such an
offence ought to be determined.
There are degrees of punishment: they have Punishment is variable in its amount: it has
this also a minimum and this a maximum. There
is are reasons for setting limits to the quantity
of punishment on the minus side as well as there are
for setting limits to it on the plus side. These
are the two sides of the question, to each of which
demands an equal degree of attention.
Note
The task has not only not been performed but by
a very clo celebrated writer on the subject of penal law
it has been pronounced to be impossible.
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Identifier: | JB/141/017/002"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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017 |
chapter 7 of the properties to be given to a lot of punishment |
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002 |
1 variability |
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copy/fair copy sheet |
2 |
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recto |
f1 / f1 |
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richard smith |
[[watermarks::[britannia with shield emblem]]] |
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48234 |
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