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<p><!-- pencil -->5<lb/> | |||
B.1. Ch.6.</p> | |||
<p>the difference between quantities that are unknown<lb/> | |||
cannot be measured. The use of commensurability<lb/> | |||
<del>is</del> in punishment is that when the same penal<lb/> | |||
object may be accomplished <del>by</del> <add>in</add> different modes<lb/> | |||
the <del>off</del> delinquent may have a distinct and<lb/> | |||
obvious motive for <del>pre</del> preferring that one of the<lb/> | |||
modes which shall be least mischievous. <del>This</del><lb/> | |||
Thus for <del>exan</del> example if £10 may be to be gained<lb/> | |||
either by simple theft – or murder – or incendiarism –<lb/> | |||
the legislator by appointing different lots of<lb/> | |||
punishment for each of these offences may<lb/> | |||
chain the preference being given to that mode<lb/> | |||
that is productive of the smallest evil. | |||
</p> | |||
<p>If on the contrary the same punishment –<lb/> | |||
the punishment of death for example – had been<lb/> | |||
allotted to each of these offences, the offender<lb/> | |||
would have prefered that one of them which<lb/> | |||
might <del>gi par</del> <add>be the least hazardous to execute & afford</add> him the greatest chance of impunity.</p> | |||
<p>There are two modes by which this object<lb/> | |||
may be accomplished. 1. <del>as in adding to a</del> <add>by augmenting <del>the number</del> in</add><lb/> | |||
<del>given</del> <add>proportion to the enormity of the offence, the same</add> lot of punishment – <del>an additional quantity</del><lb/> | |||
as for <del>examp</del> example to five years imprisonment<lb/> | |||
for such an offence, two years more for such an<lb/> | |||
aggravation. 2<hi rend="superscript">dly</hi> by <del>addin</del> appending <add>to it</add> another<lb/> | |||
punishment of a different description: for<lb/> | |||
example to five years imprisonment for such<lb/> | |||
an offence, <add>some</add> public stigma for such an<lb/> | |||
aggravation.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
5
B.1. Ch.6.
the difference between quantities that are unknown
cannot be measured. The use of commensurability
is in punishment is that when the same penal
object may be accomplished by in different modes
the off delinquent may have a distinct and
obvious motive for pre preferring that one of the
modes which shall be least mischievous. This
Thus for exan example if £10 may be to be gained
either by simple theft – or murder – or incendiarism –
the legislator by appointing different lots of
punishment for each of these offences may
chain the preference being given to that mode
that is productive of the smallest evil.
If on the contrary the same punishment –
the punishment of death for example – had been
allotted to each of these offences, the offender
would have prefered that one of them which
might gi par be the least hazardous to execute & afford him the greatest chance of impunity.
There are two modes by which this object
may be accomplished. 1. as in adding to a by augmenting the number in
given proportion to the enormity of the offence, the same lot of punishment – an additional quantity
as for examp example to five years imprisonment
for such an offence, two years more for such an
aggravation. 2dly by addin appending to it another
punishment of a different description: for
example to five years imprisonment for such
an offence, some public stigma for such an
aggravation.
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Identifier: | JB/141/028/002"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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028 |
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002 |
11 simplicity of description / 12 remissibility |
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copy/fair copy sheet |
4 |
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recto |
f13 / f5 / f14 / f6 |
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richard smith |
[[watermarks::dusautoy & rump 1809 [britannia with shield emblem]]] |
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edward collins |
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1809 |
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48245 |
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