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<p><hi rend="underline">Properties</hi></p> | |||
<p><hi rend="underline">wherever avoidable, any mode or lot of punishment<lb/> | |||
in respect of which he happens to perceive any violent<lb/> | |||
aversion entertained by the body of the people</hi>. If the<lb/> | |||
prejudices of the people are decidedly adverse to any<lb/> | |||
particular species of punishment this alone, <del>as far</del><lb/> | |||
<add>(unless there are very cogent reasons to the contrary) ought</add> to be considered as a sufficient reason for excluding<lb/> | |||
it from the penal code. In the first place it would<lb/> | |||
be an evil to wound the feelings of the public by<lb/> | |||
denouncing an unpopular mode of punishment.<lb/> | |||
In such a case it is not the guilty only that are<lb/> | |||
made to suffer: <del>the most innocent and most<lb/> | |||
amiable <add>share</add> are partaken in the pain that is inflicted<lb/> | |||
by wounding the sensibility <gap/> as def</del> the innocent<lb/> | |||
also and most amiable members of the community<lb/> | |||
by the wound that is given to their sensibility<lb/> | |||
the contempt put upon their opinion and the<lb/> | |||
aspect of tyranny & violence that is presented<lb/> | |||
to their view are substantial <unclear>shares</unclear> in the<lb/> | |||
punishment that is inflicted. What is the<lb/> | |||
effect of this ill-judged conduct? It is this: the<lb/> | |||
legislator by <unclear>setting</unclear> at defiance the public opinion<lb/> | |||
turns it against himself. He forfeits the <del>value</del><lb/> | |||
spontaneous assistance that the people when<lb/> | |||
they approve of a law are ready to lend in<lb/> | |||
the execution of it: the public are no loner his<lb/> | |||
allies but his enemies. Some favour the <del>ser</del><lb/> | |||
escape of the guilty: the injured forbear to prosecute;<lb/> | |||
informers become odious, and witnesses as far<lb/> | |||
as they are able, withhold their testimony.<lb/> | |||
Gradually the laws become universally odious,<lb/> | |||
and <del>the</del> a sort of stigma is considered as<lb/> | |||
affixed on all those who have any share in the</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
Properties
wherever avoidable, any mode or lot of punishment
in respect of which he happens to perceive any violent
aversion entertained by the body of the people. If the
prejudices of the people are decidedly adverse to any
particular species of punishment this alone, as far
(unless there are very cogent reasons to the contrary) ought to be considered as a sufficient reason for excluding
it from the penal code. In the first place it would
be an evil to wound the feelings of the public by
denouncing an unpopular mode of punishment.
In such a case it is not the guilty only that are
made to suffer: the most innocent and most
amiable share are partaken in the pain that is inflicted
by wounding the sensibility as def the innocent
also and most amiable members of the community
by the wound that is given to their sensibility
the contempt put upon their opinion and the
aspect of tyranny & violence that is presented
to their view are substantial shares in the
punishment that is inflicted. What is the
effect of this ill-judged conduct? It is this: the
legislator by setting at defiance the public opinion
turns it against himself. He forfeits the value
spontaneous assistance that the people when
they approve of a law are ready to lend in
the execution of it: the public are no loner his
allies but his enemies. Some favour the ser
escape of the guilty: the injured forbear to prosecute;
informers become odious, and witnesses as far
as they are able, withhold their testimony.
Gradually the laws become universally odious,
and the a sort of stigma is considered as
affixed on all those who have any share in the
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Identifier: | JB/141/033/004"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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033 |
chapter 8 of analogy between crime & punishment |
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004 |
sect. 1 first source of analogy / the same instrument used in the crime & in the punishment |
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copy/fair copy sheet |
4 |
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recto |
[[page_numbering::f1 / f13 / f2 / f12[?]]] |
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richard smith |
reat 1809 |
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felix bodin |
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1809 |
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48250 |
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