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<p><!-- pencil -->12<lb/> | |||
B 1 Ch.6</p> | |||
<p>the whole amount of it will not be present to <del>his</del> <add>the</add> mind,<lb/> | |||
<add>&</add> thence too the less incommensurable it will be.<lb/> | |||
<del>Being composed of a multitude of items of some he<lb/> | |||
will</del> of the different items of which it is composed<lb/> | |||
some the <add>delinquent</add> will never have heard of, others he <del>will</del><lb/> | |||
will have forgotten. They all <add>of</add> them enter into the<lb/> | |||
composition of the <del>apt</del> real punishment, but not<lb/> | |||
into that of the apparent punishment.</p> | |||
<p>Penal nomenclature <del>is of very great</del> <add>thus becomes an object of the very highest</add> importance.<lb/> | |||
An obscure <del>demo</del> denomination spreads<lb/> | |||
<del>a cloud</del> over a mass of punishments <add>a cloud</add> which the<lb/> | |||
mind <del>of</del> can <del><gap/></del> <add>rarely if ever</add> penetrate.</p> | |||
<p>In this respect our law is remarkably defective.<lb/> | |||
The term <hi rend="underline">felony</hi>, comprizes a multitude of different<lb/> | |||
lots of punishment, <del>most of</del> the greater part of<lb/> | |||
them <add>to <del>the</del> persons in the class of offenders</add> unknown, and therefore inefficacious. The<lb/> | |||
expression <hi rend="underline">felony with benefit of Clergy</hi>, to the<lb/> | |||
unlearned, conveys the idea rather of a reward<lb/> | |||
than of a punishment. <hi rend="underline"> præmunire </hi> is no<lb/> | |||
longer intelligible: those who understand the <del>meaning</del><lb/> | |||
signification of the latin word are far from<lb/> | |||
<del>unders comprehending</del> having any conception of<lb/> | |||
the punishment denounced by it.</p> | |||
<p><del>Eni</del> Enigmas like these, resemble those of<lb/> | |||
the Sphinx: punishment is <del><gap/> <gap/></del> <add>the <unclear>lore</unclear> of him who cannot</add><lb/> | |||
<del>being almost</del> divine their meaning.</p> | |||
<p><head>X. <hi rend="underline">Popularity</hi></head></p> | |||
<p>In the rear of all these properties may be introduced<lb/> | |||
that of <hi rend="underline">popularity</hi>, a very fleeting and indeterminate<lb/> | |||
kind of <del>property</del> <add>quality</add> which may belong to a lot of<lb/> | |||
punishment at one <del>momn</del> moment and be lost by<lb/> | |||
it the next. <del>In <gap/> of <gap/></del> <add>Strictly speaking</add> however it<lb/> | |||
should <del><gap/> be either in</del> <add>be denominated the</add> <hi rend="underline">absence of unpopularity</hi>,<lb/> | |||
for it cannot be expected that any punishment should<lb/> | |||
be positively acceptable <add>the the people</add>. The use of <del>investing this</del> <add>introducing</add><lb/> | |||
<del>property</del> into the catalogue <add>this property</add> is chiefly to serve as<lb/> | |||
a <del>unmeasu</del> memento to the legislator. <del>not to introduce <add>employ</add></del></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
12
B 1 Ch.6
the whole amount of it will not be present to his the mind,
& thence too the less incommensurable it will be.
Being composed of a multitude of items of some he
will of the different items of which it is composed
some the delinquent will never have heard of, others he will
will have forgotten. They all of them enter into the
composition of the apt real punishment, but not
into that of the apparent punishment.
Penal nomenclature is of very great thus becomes an object of the very highest importance.
An obscure demo denomination spreads
a cloud over a mass of punishments a cloud which the
mind of can rarely if ever penetrate.
In this respect our law is remarkably defective.
The term felony, comprizes a multitude of different
lots of punishment, most of the greater part of
them to the persons in the class of offenders unknown, and therefore inefficacious. The
expression felony with benefit of Clergy, to the
unlearned, conveys the idea rather of a reward
than of a punishment. præmunire is no
longer intelligible: those who understand the meaning
signification of the latin word are far from
unders comprehending having any conception of
the punishment denounced by it.
Eni Enigmas like these, resemble those of
the Sphinx: punishment is the lore of him who cannot
being almost divine their meaning.
X. Popularity
In the rear of all these properties may be introduced
that of popularity, a very fleeting and indeterminate
kind of property quality which may belong to a lot of
punishment at one momn moment and be lost by
it the next. In of Strictly speaking however it
should be either in be denominated the absence of unpopularity,
for it cannot be expected that any punishment should
be positively acceptable the the people. The use of investing this introducing
property into the catalogue this property is chiefly to serve as
a unmeasu memento to the legislator. not to introduce employ
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Identifier: | JB/141/031/004"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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031 |
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004 |
note by dumont |
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copy/fair copy sheet |
4 |
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|
recto |
f17 / f11 / f18 / f12 |
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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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48248 |
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