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<p>9<lb/> | |||
B.1. Ch 5</p> | |||
<p>Of the above rules of proportion, the four<lb/> | |||
first may serve to mark out the<lb/> | |||
limits on the minimum side; the limits<lb/> | |||
<hi rend="underline">below</hi> which a punishment ought not to be<lb/> | |||
diminished, the <del>man</del>will mark out<lb/> | |||
the limits on the maximum side, the limits<lb/> | |||
above which it ought not to be increased.</p> | |||
<p>The minimum of punishment is<lb/> | |||
more clearly marked than its maximum. –<lb/> | |||
What is <hi rend="underline">too little</hi> is more clearly observed<lb/> | |||
than what is <hi rend="underline">too much</hi> – What is not sufficient<lb/> | |||
is easily seen, but it is not possible so exactly<lb/> | |||
to distinguish an excess – An approximation<lb/> | |||
only can be attained. The irregularities in<lb/> | |||
the force of temptations compel the legislator<lb/> | |||
to increase his punishments, till they are not<lb/> | |||
merely sufficient to restrain the ordinary desires<lb/> | |||
of men, but also the violence of their desires<lb/> | |||
when unusually excited.</p> | |||
<p>The greatest danger lies in an error on<lb/> | |||
the minimum side because in this case the punishment<lb/> | |||
is inefficacious; but this error is least likely to occur, a slight<lb/> | |||
degree of attention sufficing for its escape, and when it<lb/> | |||
does exist, it is at the same time clear & manifest, and<lb/> | |||
easy to be remedied. – An error on the maximum<lb/> | |||
side, on the contrary is that 1 to which Legislators and<lb/> | |||
men in general are naturally inclined, Antipathy<lb/> | |||
or a want of compassion for individuals who are<lb/> | |||
represented as dangerous and vile pushes them onward<lb/> | |||
to an undue severity. It is on this side therefore that<lb/> | |||
we should take <add>the most</add> precautions as on this side there<lb/> | |||
has been shown the greatest disposition to err.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
9
B.1. Ch 5
Of the above rules of proportion, the four
first may serve to mark out the
limits on the minimum side; the limits
below which a punishment ought not to be
diminished, the manwill mark out
the limits on the maximum side, the limits
above which it ought not to be increased.
The minimum of punishment is
more clearly marked than its maximum. –
What is too little is more clearly observed
than what is too much – What is not sufficient
is easily seen, but it is not possible so exactly
to distinguish an excess – An approximation
only can be attained. The irregularities in
the force of temptations compel the legislator
to increase his punishments, till they are not
merely sufficient to restrain the ordinary desires
of men, but also the violence of their desires
when unusually excited.
The greatest danger lies in an error on
the minimum side because in this case the punishment
is inefficacious; but this error is least likely to occur, a slight
degree of attention sufficing for its escape, and when it
does exist, it is at the same time clear & manifest, and
easy to be remedied. – An error on the maximum
side, on the contrary is that 1 to which Legislators and
men in general are naturally inclined, Antipathy
or a want of compassion for individuals who are
represented as dangerous and vile pushes them onward
to an undue severity. It is on this side therefore that
we should take the most precautions as on this side there
has been shown the greatest disposition to err.
Identifier: | JB/141/012/001"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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012 |
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001 |
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copy/fair copy sheet |
2 |
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recto |
f9 / f9** |
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richard smith |
dusautoy & rump 1809 |
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edward collins |
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1809 |
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48229 |
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