JB/141/025/002

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Properties.

V. Exemplarity

A mode of punishment is exemplary when in
proportion to the its magnitude apparent (without
regard not to its real) magnitude. It is the
apparent punishment therefore that does all the
service in the way of example. A real punishment
that produced no visi sensible effects, might now
to intimidate or to reform the in it each successive offender that happened to be the immediate object of it but
to the public if it would be so much except with respect to that delinquent in respect of each
particular delinquent, it be so much misery wasted.

The object One object of the legislator ought to be
therefore to choose that employ that be so far as it may be done safely to practicable to select such modes of
punishment which that as at the expence of the least real
shall produce most the greatest apparent suffering, or be
accompany the each any particular mode of punishment with such solemnities
as may be best calculated to produce the desired attain that object.
effect. In this view the Autoda-fés
would have been among the most useful institutions
of pure penal Jurisprudence if instead of being
acts of faith they had been acts of justice. What is
a public execution? It is a solemn tragedy that
the legislator represents to for the benefit of the people: a tragedy
truly awful & pathetic by the sad reality of
the catastrophe, and the importance of the object
it is destined to accomplish. The apparent apparatus the & decorations are worthy entitled to
of the most serious attention since upon them
the principal effect depends. The scaffold, the
habiliments of the officers of justice & the delinquents
themselves, the religious service, the procession
& all the details of the ceremony ought to bear the
most melancholy & imposing aspect. Why should not
the face of the executioner himself be dressed in a concealed
covered by crepe? The terror It would increase the horror of the scene would be
& protect from the public dis prejudice these
useful necessary servants of the state.

In this there he is however medicine that must
not be surpassed. If What is to be avoided is the risking
the popularity of any particular mode of punishment by giving
to the execution of it an excessive factitious rigour.

Identifier: | JB/141/025/002"JB/" can not be assigned to a declared number type with value 141.
Date_1		Marginal Summary Numbering
Box	141	Main Headings	rationale of punishment
Folio number	025	Info in main headings field
Image	002	Titles	ix subserviency to compensation
Category	copy/fair copy sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	f10 / f7
Penner	richard smith	Watermarks	[[watermarks::[britannia with shield emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	48242
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