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<p>2</p> | |||
<p><head>Of the Lex Talionis</head></p> | |||
<p>"the same hurt" he has done <del>the</del> (one <del>for</del> might perhaps<lb/> | |||
add <hi rend="underline">or attempted to do)</hi> the party injured.<hi rend="superscript">[a]</hi> <del>According</del> | |||
[Thus,] <add>According to this rule,</add> at least according to the only precise idea I<lb/> | |||
can form of the rule, if the <del>part insured is as injured</del> <add>injury was done to the</add> | |||
<del>in his property</del> <add><del>property</del> <hi rend="underline">person</hi> of or <del>person</del> man</add>, the delinquent should be punished<lb/> | |||
in his <del>property</del> <add>person</add>; if [in his <add>to the</add>] reputation, in his reputation;<lb/> | |||
if in his property. This however is not quite<lb/> | |||
enough: to make the punishment come incontestably<lb/> | |||
under the <del>rule</del> <add>Law</add> of retaliation, the identity between<lb/> | |||
the subject of the <del>crime</del> <add>offence</add> and that of the punishment<lb/> | |||
should be still more specific and determined. If for<lb/> | |||
example the injury were to a man's house <add>to wit</add> for instance<lb/> | |||
by the destruction of his house, then the delinquent<lb/> | |||
should have his house destroy'd; if to his reputation<lb/> | |||
<add>for instance</add> by causing him to lose a certain rank, then the delinquent<lb/> | |||
should be made to lose the same rank; if<lb/> | |||
to <del>his</del> <add>the</add> eyes, <del>by</del> then the criminal should be made<lb/> | |||
to lose his eyes: if to his life, then <del>tha to</del> to lose<lb/> | |||
his life: and in <del>general</del> <add>short</add> the more specific and<lb/> | |||
particular the resemblance between the subject of<lb/> | |||
the offence and of he punishment, the more strictly<lb/> | |||
and incontestibly it would appear to come under the<lb/> | |||
rule. It is where the person is the subject of the<lb/> | |||
injury that the resemblance is capable of being the<lb/> | |||
<add>most</add></p> | |||
<p><head>NOTE</head></p> | |||
<p>[a]</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
2
Of the Lex Talionis
"the same hurt" he has done the (one for might perhaps
add or attempted to do) the party injured.[a] According
[Thus,] According to this rule, at least according to the only precise idea I
can form of the rule, if the part insured is as injured injury was done to the
in his property property person of or person man, the delinquent should be punished
in his property person; if [in his to the] reputation, in his reputation;
if in his property. This however is not quite
enough: to make the punishment come incontestably
under the rule Law of retaliation, the identity between
the subject of the crime offence and that of the punishment
should be still more specific and determined. If for
example the injury were to a man's house to wit for instance
by the destruction of his house, then the delinquent
should have his house destroy'd; if to his reputation
for instance by causing him to lose a certain rank, then the delinquent
should be made to lose the same rank; if
to his the eyes, by then the criminal should be made
to lose his eyes: if to his life, then tha to to lose
his life: and in general short the more specific and
particular the resemblance between the subject of
the offence and of he punishment, the more strictly
and incontestibly it would appear to come under the
rule. It is where the person is the subject of the
injury that the resemblance is capable of being the
most
NOTE
[a]
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Identifier: | JB/159/130/002"JB/" can not be assigned to a declared number type with value 159. |
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159 |
punishment |
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130 |
of the lex talionis |
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002 |
frugality / equability / exemplarity |
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text sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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|
jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
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caroline vernon |
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53953 |
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