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<p><!-- pencil -->B. 1 Ch.10</p> | <p><!-- pencil -->B. 1 Ch.10</p> | ||
III. <hi rend="underline">Cases where punishment is unprofitable</hi>. | III. <hi rend="underline">Cases where punishment is unprofitable</hi>. | ||
<p>If the evil of the offence exceed the evil of the<lb/> | |||
If the evil of the | punishment, this is a case in which the punishment<lb/> | ||
is unprofitable – <del>the evil evil of the offence is<lb/> | |||
The evil | <add>ag</add> <gap/> suffering</del> a greater degree of suffering will<lb/> | ||
have been produced than has been prevented to<lb/> | |||
procure exemption from the evil, another and a<lb/> | |||
greater evil will have been incurred.</p> | |||
<p>Let the legislator, before he appoints any punishment<lb/> | |||
for any such act, place two tables<lb/> | |||
before his eyes one representing the evil of the<lb/> | |||
offence, the other the evil of the punishment.</p> | |||
<p>The evil produced by the punishment consists of<lb/> | |||
1. The evil of <hi rend="underline">coercion</hi> or <hi rend="underline">restraint</hi> <del>The</del>, which is<lb/> | |||
more or less severe according as the act that by the<lb/> | |||
fear of the punishment <add>a man</add> he is deterred from doing<lb/> | |||
would produce more or less pleasure. 2. The evil<lb/> | |||
of <hi rend="underline">apprehension</hi> or the pain which a man, who has<lb/> | |||
or thinks he has exposed himself to punishment,<lb/> | |||
feels at the thoughts of undergoing it. 3. The evil of<lb/> | |||
<hi rend="underline">sufferance</hi> or the pain which a man feels in<lb/> | |||
virtue of the punishment from the time that he<lb/> | |||
begins to undergo it. 4. <add>The</add> Evil <del>produced by <add>the danger of</add> <hi rend="underline">false accusations</hi></del> <add>arising from the apprehension of groundless accusations</add>: this inconvenience to which all penal laws<lb/> | |||
are exposed is <del><gap/> partee</del> in a near remarkable<lb/> | |||
degree <unclear>halt</unclear> to be experienced <del>in cases</del> where the<lb/> | |||
laws are obscure, or <del>mad, to combat crimes</del> <add>appointed for crimes</add> purely<lb/> | |||
imaginary: <del><gap/></del> <add>where a legislator has succeeded in directing <unclear>pointing</unclear> the</add><lb/> | |||
<del>of</del> any <add>such</add> offence <del>of this designation</del> a most sanguinary<lb/> | |||
disposition is produced to accuse and condemn<lb/> | |||
upon the slightest suspicion. 5. The pain of <hi rend="underline">sympathy</hi>,<lb/> | |||
& the other <hi rend="underline">derivative</hi> evils, resulting to the persons | |||
who are in <hi rend="underline">connection</hi> with the several classes of original<lb/> | |||
sufferers just mentioned. <del>It is <add><gap/></add> by the help of this<lb/> | |||
table that the legislator <add>ought to have before him</add> will be enabled to estimate<lb/> | |||
the amount of the suffering liable to be produced by<lb/> | |||
establishing <gap/> particular punishment.* <note>* For the other side of the account – the Evil which the punishment <add>is destined to <gap/> remedy. See Introd. Ch. XII – <hi rend="underline">Consequences of a mischievous act.</hi></add></note></del></p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
B. 1 Ch.10
III. Cases where punishment is unprofitable.
If the evil of the offence exceed the evil of the
punishment, this is a case in which the punishment
is unprofitable – the evil evil of the offence is
ag suffering a greater degree of suffering will
have been produced than has been prevented to
procure exemption from the evil, another and a
greater evil will have been incurred.
Let the legislator, before he appoints any punishment
for any such act, place two tables
before his eyes one representing the evil of the
offence, the other the evil of the punishment.
The evil produced by the punishment consists of
1. The evil of coercion or restraint The, which is
more or less severe according as the act that by the
fear of the punishment a man he is deterred from doing
would produce more or less pleasure. 2. The evil
of apprehension or the pain which a man, who has
or thinks he has exposed himself to punishment,
feels at the thoughts of undergoing it. 3. The evil of
sufferance or the pain which a man feels in
virtue of the punishment from the time that he
begins to undergo it. 4. The Evil produced by the danger of false accusations arising from the apprehension of groundless accusations: this inconvenience to which all penal laws
are exposed is partee in a near remarkable
degree halt to be experienced in cases where the
laws are obscure, or mad, to combat crimes appointed for crimes purely
imaginary: where a legislator has succeeded in directing pointing the
of any such offence of this designation a most sanguinary
disposition is produced to accuse and condemn
upon the slightest suspicion. 5. The pain of sympathy,
& the other derivative evils, resulting to the persons
who are in connection with the several classes of original
sufferers just mentioned. It is by the help of this
table that the legislator ought to have before him will be enabled to estimate
the amount of the suffering liable to be produced by
establishing particular punishment.* * For the other side of the account – the Evil which the punishment is destined to remedy. See Introd. Ch. XII – Consequences of a mischievous act.
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Identifier: | JB/141/007/002"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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007 |
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copy/fair copy sheet |
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recto |
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richard smith |
[[watermarks::[britannia with shield emblem]]] |
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48224 |
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