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<p>The <del>boundaries</del> <add>minimum</add> of punishment<lb/> | |||
<p>The <del>boundaries</del> <add>minimum</add> of punishment <lb/> <del>are</del> <add>is</add> more <del>easily</del> clearly marked than its maximum.<lb/> What is <hi rend="underline">too little</hi> is more easily observed than what<lb/> is <hi rend="underline">too much</hi>. What is not sufficient is easily seen<lb/> but it is not possible so <del> | <del>are</del> <add>is</add> more <del>easily</del> clearly marked than its maximum.<lb/> | ||
What is <hi rend="underline">too little</hi> is more easily observed than what<lb/> | |||
<p>The greatest <del>dangers</del><add>< | is <hi rend="underline">too much</hi>. – What is not sufficient is easily seen<lb/> | ||
but it is not possible so <del>clearly</del> <add>exactly</add> to distinguish <del>whats</del> an<lb/> | |||
<p>One general observation may here be added that in determining the proportion between punishments and offences | excess. <del>After all</del> An approximation only can be<lb/> | ||
attained. The irregularities in the force of temptation<lb/> | |||
compel the legislator to increase <add>his</add> punishment<del>s</del><lb/> | |||
till they <del>rise above the <add>are more than sufficient</add></del> <add>are not merely sufficient</add> to restrain the ordinary<lb/> | |||
<del>class</del>desires of men, but also the violence of their desires<lb/> | |||
when unusually excited.</p> | |||
<p>The greatest <del>dangers</del> <add><del><gap/></del> evil</add> lies <add>in an error</add> on the<lb/> | |||
minimum side because in this case the punishment<lb/> | |||
is inefficacious but this error is least likely to<lb/> | |||
occur a slight degree of attention <del>to</del> sufficing<lb/> | |||
for its escape, and when it does exist, it is at<lb/> | |||
the same time clear and manifest and easy<lb/> | |||
to be remedied. An error on the maximum<lb/> | |||
side, on the contrary is that to which <del>the which</del> <add>Legislators &</add><lb/> | |||
<del>the human mind is naturally inclined</del> <add>men in general are naturally inclined, antipathy or a</add><lb/> | |||
want of compassion for individuals who are represented<lb/> | |||
as dangerous and vile pushes them onward to an<lb/> | |||
undue severity. It is on this side therefore that<lb/> | |||
we should take precautions as on this side there<lb/> | |||
has been shown the greatest disposition to err.</p> | |||
<p>One general observation may here be<lb/> | |||
added that in determining the proportion between punishments<lb/> | |||
and offences clearness and simplicity must not be<lb/> | |||
sacrificed to an endeavour to attain mathematical accuracy.<lb/> | |||
By pushing the principle to its utmost extent the attempt<lb/> | |||
at proportionality would be rendered ridiculous. It is <del>atrocious</del> <add>cruel</add> to<lb/> | |||
neglect it, it is absurd to pursue it into all its details. Clearness<lb/> | |||
brevity simplicity, exemplarity are more desirable qualities in a law<lb/> | |||
than proportionality. –</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
The boundaries minimum of punishment
are is more easily clearly marked than its maximum.
What is too little is more easily observed than what
is too much. – What is not sufficient is easily seen
but it is not possible so clearly exactly to distinguish whats an
excess. After all An approximation only can be
attained. The irregularities in the force of temptation
compel the legislator to increase his punishments
till they rise above the are more than sufficient are not merely sufficient to restrain the ordinary
classdesires of men, but also the violence of their desires
when unusually excited.
The greatest dangers evil 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 to sufficing
for its escape, and when it does exist, it is at
the same time clear and manifest and easy
to be remedied. An error on the maximum
side, on the contrary is that to which the which Legislators &
the human mind is naturally inclined 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 precautions as on this side there
has been shown the greatest disposition to err.
One general observation may here be
added that in determining the proportion between punishments
and offences clearness and simplicity must not be
sacrificed to an endeavour to attain mathematical accuracy.
By pushing the principle to its utmost extent the attempt
at proportionality would be rendered ridiculous. It is atrocious cruel to
neglect it, it is absurd to pursue it into all its details. Clearness
brevity simplicity, exemplarity are more desirable qualities in a law
than proportionality. –
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Identifier: | JB/141/013/002"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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013 |
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002 |
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copy/fair copy sheet |
4 |
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recto |
f10 / / f11 / |
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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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48230 |
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