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<p><!-- pencil -->3<lb/> | |||
Notes</p> | |||
<p><del>evil of the</del> mischief of the offence is of the <unclear>confines</unclear><lb/> | |||
to the <del>danger</del> alarm that is excited, which<lb/> | |||
is felt not merely by some assignable<lb/> | |||
individual <del>individual</del>, but by the whole<lb/> | |||
neighbourhood; in <del>what</del> such a case how<lb/> | |||
could the law of retaliation be applied?</p> | |||
<p>In the case of self-regarding offences, consisting<lb/> | |||
of acts in violation of morality, the<lb/> | |||
attempt to apply it would be attended with<lb/> | |||
manifest absurdity. If a man <del>by choice</del><lb/> | |||
designedly does <del>an act that</del> <add>to himself what is considered by other persons as an</add> injurious <del>to<lb/> | |||
himself</del> would it be <del><add>to</add> a punishment to<lb/> | |||
him to do him the same injury?</del> <add>an act of punishment <del>to do</del> to sentence him to receive a</add><lb/> | |||
repetition of the same supposed injury?</p> | |||
<p>In offences against reputation, <add>consisting</add> for instance<lb/> | |||
in <del>by</del> the propagation <del>a fatal</del> <add>of</add> false reports<lb/> | |||
affecting the character of another, the law<lb/> | |||
cannot, <del>under</del> <add>as a punishment,</add> direct a false report to be<lb/> | |||
propagated affecting <add>the character of <del>th</del></add> the offender. Whatever<lb/> | |||
the law does it must profess to do, and<lb/> | |||
it is evident the mischief cannot be very<lb/> | |||
serious that a man would suffer by the<lb/> | |||
propagation of a report that professes to<lb/> | |||
be a false one. <del>What might be done is the<lb/> | |||
subjecting him to some infamous punishment</del></p> | |||
<p>In offences against property the rule of<lb/> | |||
retaliation <del>would neither be sufficien wanting</del> <add>is peculiarly apt to be deficient</add><lb/> | |||
both in <add>respect of</add> severity & of exemplarity. Nor<lb/> | |||
could it be in all cases simply trusted to.<lb/> | |||
How absurd would it be to allot pecuniary<lb/> | |||
punishment for an offence for which<lb/> | |||
poverty is the most common motive!</p> | |||
<p>For a similar reason it cannot be<lb/> | |||
constantly applied to offences affecting the<lb/> | |||
natural or civil condition of individuals:<lb/> | |||
to say nothing of the reasons that might</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
3
Notes
evil of the mischief of the offence is of the confines
to the danger alarm that is excited, which
is felt not merely by some assignable
individual individual, but by the whole
neighbourhood; in what such a case how
could the law of retaliation be applied?
In the case of self-regarding offences, consisting
of acts in violation of morality, the
attempt to apply it would be attended with
manifest absurdity. If a man by choice
designedly does an act that to himself what is considered by other persons as an injurious to
himself would it be to a punishment to
him to do him the same injury? an act of punishment to do to sentence him to receive a
repetition of the same supposed injury?
In offences against reputation, consisting for instance
in by the propagation a fatal of false reports
affecting the character of another, the law
cannot, under as a punishment, direct a false report to be
propagated affecting the character of th the offender. Whatever
the law does it must profess to do, and
it is evident the mischief cannot be very
serious that a man would suffer by the
propagation of a report that professes to
be a false one. What might be done is the
subjecting him to some infamous punishment
In offences against property the rule of
retaliation would neither be sufficien wanting is peculiarly apt to be deficient
both in respect of severity & of exemplarity. Nor
could it be in all cases simply trusted to.
How absurd would it be to allot pecuniary
punishment for an offence for which
poverty is the most common motive!
For a similar reason it cannot be
constantly applied to offences affecting the
natural or civil condition of individuals:
to say nothing of the reasons that might
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Identifier: | JB/141/006/002"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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006 |
chapter 4 cases unmeet for punishment |
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002 |
i cases in which punishment is groundless |
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copy/fair copy sheet |
2 |
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recto |
/ f5 |
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richard smith |
[[watermarks::[britannia with shield emblem]]] |
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48223 |
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