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<p>100)</p> | |||
<p><head>CRIT. JUR. CRIM.</head></p> | |||
<p>Retaliation as he there calls it, can never be in all<lb/> | |||
cases an adequate or permanent rule of punishment.<lb/> | |||
This it seems to him will be evident from some observations<lb/> | |||
which he has premised. The reasons however<lb/> | |||
which he has premise: any more than those which<lb/> | |||
follow, I am not so fortunate as to comprehend.<lb/> | |||
In the mean time <add><unclear>room</unclear> of <unclear>therein</unclear></add> I will here propose (some <add>other</add> reasons<lb/> | |||
why in) some cases <del>cannot</del> <add>in which</add> that rule <hi rend="underline">can</hi> not<lb/> | |||
be taken for a <add>the</add> rule of punishment, and <del>an</del> (in)<lb/> | |||
others (why) <add>in which</add> it ought not.</p> | |||
<p>The <del>cases in which</del> rule <add>as given by S<hi rend="superscript">r.</hi> W. Blackstone<hi rend="superscript">†</hi><note><hi rend="superscript">†</hi> 1 Comm. 13.</note></add> is to do the same hurt<lb/> | |||
to the criminal that he has done to his neighbour.<lb/> | |||
i:e: to some certain individual. <add>The cases in which</add> This rule <del>is<lb/> | |||
plain</del> can not be taken for a rule of punishment<lb/> | |||
are those <add>in</add> which there is no such eighbour, no<lb/> | |||
certain <add>assignable</add> individual who is more hurt <add>than another</add> by the crime<lb/> | |||
in question. <del>then</del> These are all the cases which come<lb/> | |||
under the <del>d</del> extensive division to which we have<lb/> | |||
given the denomination of <del>Pr</del> Offences against<lb/> | |||
the State, or the Public <gap/>. And thus it is that<lb/> | |||
the rule of retaliation <del>is</del> <add>stands</add> excluded by the ature of<lb/> | |||
things from being <unclear>consulted</unclear> in <del>one half of the two</del> <add>one half of the cases</add><lb/> | |||
(all those cases that come under one of the two<lb/> | |||
[three] classes into which we have thought it<lb/> | |||
convenient to distribute <add>divide</add> the <add>total</add> mass of those acts) that<lb/> | |||
are liable to (become objects of the Law.) come under<lb/> | |||
consideration of the Law.</p> | |||
<p>Another set of cases in which this rule <hi rend="underline">can</hi> not be<lb/> | |||
<add>observed</add></p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
100)
CRIT. JUR. CRIM.
Retaliation as he there calls it, can never be in all
cases an adequate or permanent rule of punishment.
This it seems to him will be evident from some observations
which he has premised. The reasons however
which he has premise: any more than those which
follow, I am not so fortunate as to comprehend.
In the mean time room of therein I will here propose (some other reasons
why in) some cases cannot in which that rule can not
be taken for a the rule of punishment, and an (in)
others (why) in which it ought not.
The cases in which rule as given by Sr. W. Blackstone†† 1 Comm. 13. is to do the same hurt
to the criminal that he has done to his neighbour.
i:e: to some certain individual. The cases in which This rule is
plain can not be taken for a rule of punishment
are those in which there is no such eighbour, no
certain assignable individual who is more hurt than another by the crime
in question. then These are all the cases which come
under the d extensive division to which we have
given the denomination of Pr Offences against
the State, or the Public . And thus it is that
the rule of retaliation is stands excluded by the ature of
things from being consulted in one half of the two one half of the cases
(all those cases that come under one of the two
[three] classes into which we have thought it
convenient to distribute divide the total mass of those acts) that
are liable to (become objects of the Law.) come under
consideration of the Law.
Another set of cases in which this rule can not be
observed
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Identifier: | JB/159/262/004"JB/" can not be assigned to a declared number type with value 159. |
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159 |
punishment |
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262 |
crit. jur. crim |
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004 |
punishment / talio - blackst. |
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text sheet |
4 |
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recto |
d97 / d98 / d99 / d100 |
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jeremy bentham |
[[watermarks::[gr with crown] propatria [britannia motif]]] |
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54085 |
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