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<p>4<lb/> | |||
B 1. Ch.6.</p> | |||
<p>A fixed fine is always an unequable punishment<lb/> | |||
and the same remark is applicable to<lb/> | |||
corporeal punishments. Whipping is not the<lb/> | |||
same punishment when applied to all <del><gap/></del> <add>ages</add><lb/> | |||
and ranks of persons. In China indeed, every<lb/> | |||
one is submitted to the Bamboo, from the<lb/> | |||
Water Carrier to the Mandarin, but this<lb/> | |||
only proves, that among the Chinese the<lb/> | |||
sentiments of honour are unknown.</p> | |||
<p><head>III. <hi rend="underline">Commensurability</hi></head></p> | |||
<p>Punishments are commensurable when<lb/> | |||
the penal effects of each can be measured<lb/> | |||
and a distinct conception formed, of how<lb/> | |||
much the suffering produced by the one<lb/> | |||
falls short of or exceeds that produced<lb/> | |||
by another. Suppose a man placed in<lb/> | |||
a situation to choose between several<lb/> | |||
crimes; – he can obtain a sum of money, by<lb/> | |||
theft, by murder, or by arson. The law ought<lb/> | |||
to give him a motive to abstain from the<lb/> | |||
greatest crime; – He will have that motive<lb/> | |||
if he <del>can f</del> see that the greatest crime<lb/> | |||
draws after it the greatest punishment. He<lb/> | |||
ought therefore to be able to compare these<lb/> | |||
punishments among themselves, and measure<lb/> | |||
their different degrees.</p> | |||
<p>If the <add>same</add> punishment of death is <del>fro</del><lb/> | |||
denounced for these three crimes there is nothing<lb/> | |||
to compare, the individual is left free to choose<lb/> | |||
that crime which appears most easy of execution<lb/> | |||
and least liable to be detected.</p> | |||
<p>Punishments may be made commensurable<lb/> | |||
in two ways 1. by adding to a certain punishment</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
4
B 1. Ch.6.
A fixed fine is always an unequable punishment
and the same remark is applicable to
corporeal punishments. Whipping is not the
same punishment when applied to all ages
and ranks of persons. In China indeed, every
one is submitted to the Bamboo, from the
Water Carrier to the Mandarin, but this
only proves, that among the Chinese the
sentiments of honour are unknown.
III. Commensurability
Punishments are commensurable when
the penal effects of each can be measured
and a distinct conception formed, of how
much the suffering produced by the one
falls short of or exceeds that produced
by another. Suppose a man placed in
a situation to choose between several
crimes; – he can obtain a sum of money, by
theft, by murder, or by arson. The law ought
to give him a motive to abstain from the
greatest crime; – He will have that motive
if he can f see that the greatest crime
draws after it the greatest punishment. He
ought therefore to be able to compare these
punishments among themselves, and measure
their different degrees.
If the same punishment of death is fro
denounced for these three crimes there is nothing
to compare, the individual is left free to choose
that crime which appears most easy of execution
and least liable to be detected.
Punishments may be made commensurable
in two ways 1. by adding to a certain punishment
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Identifier: | JB/141/020/001"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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020 |
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001 |
iii commensurability |
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copy/fair copy sheet |
2 |
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recto |
f4 / f13 |
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richard smith |
[[watermarks::[britannia with shield emblem]]] |
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48237 |
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