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<p>2<lb/> | |||
B.1. Ch.4</p> | |||
<p>say that it is too <hi rend="underline">expensive</hi> when it produces <del>a greater</del> <add><del><gap/></del> more</add><lb/> | |||
evil than good; or when it is possible to obtain the<lb/> | |||
same good <del>it</del> by means of a less punishment.</p> | |||
<p>In this place a <del>distinc</del> distinction should<lb/> | |||
be made between the <hi rend="underline">real</hi> and the <hi rend="underline">apparent</hi> value<lb/> | |||
of a punishment.</p> | |||
<p>By the real <del>in</del> value, I mean that which<lb/> | |||
it would be found to have, by one who like the<lb/> | |||
Legislator is in a condition accurately to trace, and<lb/> | |||
coolly to estimate it through all its parts, exempt<lb/> | |||
from the delusions which are seen to govern the uninformed<lb/> | |||
and unthinking part of mankind: knowing beforehand,<lb/> | |||
upon general principles what the delinquent will know<lb/> | |||
afterwards by particular experience.</p> | |||
<p>By the apparent value of a punishment, I<lb/> | |||
mean that which it appears to a delinquent to have at<lb/> | |||
any time previous to that in which he comes to<lb/> | |||
experience it: or to a person under temptation<lb/> | |||
of becoming a delinquent, previous to the<lb/> | |||
time, <del>previous to the term</del> which were he<lb/> | |||
to | |||
become so, he would experience it.</p> | |||
<p>The real value <add>of the punishment</add> constitutes the expense.<lb/> | |||
The apparent value influences the conduct of<lb/> | |||
individuals. <add>It is</add> The real punishment <add>that</add> is the <del>loss</del> <add>expense</add><lb/> | |||
the | |||
apparent punishment <del>yields</del> <add>that gives</add> the profit.</p> | |||
<p>The profit of punishments has reference<lb/> | |||
to the interests of two parties, the public and the<lb/> | |||
party injured. The expense of the punishment adds to<lb/> | |||
this number a third interest that of the delinquent.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
2
B.1. Ch.4
say that it is too expensive when it produces a greater more
evil than good; or when it is possible to obtain the
same good it by means of a less punishment.
In this place a distinc distinction should
be made between the real and the apparent value
of a punishment.
By the real in value, I mean that which
it would be found to have, by one who like the
Legislator is in a condition accurately to trace, and
coolly to estimate it through all its parts, exempt
from the delusions which are seen to govern the uninformed
and unthinking part of mankind: knowing beforehand,
upon general principles what the delinquent will know
afterwards by particular experience.
By the apparent value of a punishment, I
mean that which it appears to a delinquent to have at
any time previous to that in which he comes to
experience it: or to a person under temptation
of becoming a delinquent, previous to the
time, previous to the term which were he
to
become so, he would experience it.
The real value of the punishment constitutes the expense.
The apparent value influences the conduct of
individuals. It is The real punishment that is the loss expense
the
apparent punishment yields that gives the profit.
The profit of punishments has reference
to the interests of two parties, the public and the
party injured. The expense of the punishment adds to
this number a third interest that of the delinquent.
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Identifier: | JB/141/008/003"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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008 |
chapter 5 expense of punishment |
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003 |
expense of punishment |
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copy/fair copy sheet |
4 |
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recto |
f1 / f2 / f2 / f1 |
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richard smith |
[[watermarks::edward wise 1824 [britannia with shield emblem]]] |
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franz ludwig tribolet |
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1824 |
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48225 |
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