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<p><!-- pencil -->7<lb/> | |||
' | B. 1 Ch.1<lb/> | ||
Definitions.</p> | |||
<p>a consequence of a compact to which they were parties<lb/> | |||
that the power of punishing them is exercised, is<lb/> | |||
not <del>as no other con</del> completely without foundation:<lb/> | |||
but even under these democratical forms of<lb/> | |||
government this their consent is a <unclear>fiction</unclear> as <del>so</del><lb/> | |||
pernicious as it is unfounded. The only true<lb/> | |||
<del>jus</del> principle upon which punishment can be<lb/> | |||
justified is its <hi rend="underline">utility</hi> or rather the <hi rend="underline">necessity</hi>.<lb/> | |||
Delinquents are the enemies of <add>to</add> the cost of mankind<lb/> | |||
& what need is there of requiring the consent of<lb/> | |||
one's <del>ar</del> enemies to be disarmed and restrained.</p> | |||
<p>In a savage, or, what comes to the same thing,<lb/> | |||
in a natural, <del>state of</del> society, each man, <del>averages<lb/> | |||
his own wrongs</del> according to the measure of his<lb/> | |||
resentment and personal prowess, averages his<lb/> | |||
own wrongs. <del>An</del> Every step <add>made</add> civilization <add>is marked by the</add> limits<lb/> | |||
<add>that</add> are set to the exercise of this <del>powen</del> power: as<lb/> | |||
every <add>retrograde</add> step towards anarchy is marked by the efforts<lb/> | |||
of the people to repossess themselves of it. In a<lb/> | |||
well organized political society, no <add>more</add> power of this<lb/> | |||
description is left to the people than <del>of</del> that which<lb/> | |||
the law cannot take from them – the power of<lb/> | |||
refusing <unclear>unexigible</unclear> services to those by whom they have<lb/> | |||
been injured. The domestic power of punishment,<lb/> | |||
those of <add>this</add> father for instance, which was formerly<lb/> | |||
so extensive, is now confined to the infliction of<lb/> | |||
what are called <hi rend="underline">correctional punishments</hi>. In<lb/> | |||
countries in which slavery still subsists one of<lb/> | |||
the most serious evils attending that condition<lb/> | |||
consists in the almost unlimited power of punishment<lb/> | |||
possessed by the slaveholders; and which it is<lb/> | |||
so difficult not to say impossible, to confine <del>in there</del><lb/> | |||
within proper limits.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
7
B. 1 Ch.1
Definitions.
a consequence of a compact to which they were parties
that the power of punishing them is exercised, is
not as no other con completely without foundation:
but even under these democratical forms of
government this their consent is a fiction as so
pernicious as it is unfounded. The only true
jus principle upon which punishment can be
justified is its utility or rather the necessity.
Delinquents are the enemies of to the cost of mankind
& what need is there of requiring the consent of
one's ar enemies to be disarmed and restrained.
In a savage, or, what comes to the same thing,
in a natural, state of society, each man, averages
his own wrongs according to the measure of his
resentment and personal prowess, averages his
own wrongs. An Every step made civilization is marked by the limits
that are set to the exercise of this powen power: as
every retrograde step towards anarchy is marked by the efforts
of the people to repossess themselves of it. In a
well organized political society, no more power of this
description is left to the people than of that which
the law cannot take from them – the power of
refusing unexigible services to those by whom they have
been injured. The domestic power of punishment,
those of this father for instance, which was formerly
so extensive, is now confined to the infliction of
what are called correctional punishments. In
countries in which slavery still subsists one of
the most serious evils attending that condition
consists in the almost unlimited power of punishment
possessed by the slaveholders; and which it is
so difficult not to say impossible, to confine in there
within proper limits.
Identifier: | JB/141/004/002"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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004 |
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002 |
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copy/fair copy sheet |
2 |
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recto |
f9 / 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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48221 |
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