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<p><!-- pencil -->7<lb/> | |||
B.1 Ch.7<lb/> | |||
<note>Analogy</note></p> | |||
<p><head>III<lb/> | |||
Third source of Analogy –<lb/> | |||
<hi rend="underline">Member <del>offending</del> punished the same as Member <del>punished</del> offending</hi></head></p> | |||
<p>In crimes imputing falshood the offending<lb/> | |||
Member may be a characteristic circumstance.</p> | |||
<p>There are two <del>modes</del> Members <del>pursui</del> principally<lb/> | |||
concerned in propagating falshood: the tongue<lb/> | |||
and the hand: the tongue when the falshood in<lb/> | |||
question is uttered by the speech: the hand when<lb/> | |||
it is uttered by writing. In these cases therefore<lb/> | |||
the purpose of analogy, a part or the whole of<lb/> | |||
the punishment may be applied to the offending<lb/> | |||
<del>mens</del> member. A very close analogy is thus<lb/> | |||
established between the crime and the punishment:<lb/> | |||
the member that undergoes the punishment is<lb/> | |||
the same that committed the offence.</p> | |||
<p>In the offence of Forgery, the <del>tongue</del> <add>hand</add> of the offender<lb/> | |||
may be transfixed with an iron instrument<lb/> | |||
in the shape of a pen: <del>the diameter of which is</del> <add>the</add><lb/> | |||
<del>determinate</del> diameter <del>to be fixt by the</del> being <del>fixt by</del> <add>determined</add>.</p> | |||
<p>In the offence of calumny and <del><gap/> uttering <add>false sentences</add><lb/> | |||
falshood</del> <add>some species of fraud</add> the tongue may be transfixed with an<lb/> | |||
instrument <del>of a far determi</del> the diameter of<lb/> | |||
which has in like manner been determined.</p> | |||
<p>The <add>mode of</add> punishment <del>has the appearance of being</del> <add>may perhaps be considered as</add><lb/> | |||
<del><gap/> on this account it is the more valuable</del> <add><del>ludicrous</del> objectionable on account of <del>the danger of</del> its</add><lb/> | |||
ridiculousness: this circumstance however renders it the more valuable:<lb/> | |||
the ridicule would fall upon the imposter: it would<lb/> | |||
render him the more despicable and add to the<lb/> | |||
respect due to veracity.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
7
B.1 Ch.7
Analogy
III
Third source of Analogy –
Member offending punished the same as Member punished offending
In crimes imputing falshood the offending
Member may be a characteristic circumstance.
There are two modes Members pursui principally
concerned in propagating falshood: the tongue
and the hand: the tongue when the falshood in
question is uttered by the speech: the hand when
it is uttered by writing. In these cases therefore
the purpose of analogy, a part or the whole of
the punishment may be applied to the offending
mens member. A very close analogy is thus
established between the crime and the punishment:
the member that undergoes the punishment is
the same that committed the offence.
In the offence of Forgery, the tongue hand of the offender
may be transfixed with an iron instrument
in the shape of a pen: the diameter of which is the
determinate diameter to be fixt by the being fixt by determined.
In the offence of calumny and uttering false sentences
falshood some species of fraud the tongue may be transfixed with an
instrument of a far determi the diameter of
which has in like manner been determined.
The mode of punishment has the appearance of being may perhaps be considered as
on this account it is the more valuable ludicrous objectionable on account of the danger of its
ridiculousness: this circumstance however renders it the more valuable:
the ridicule would fall upon the imposter: it would
render him the more despicable and add to the
respect due to veracity.
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Identifier: | JB/141/039/002"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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039 |
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002 |
note continued |
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copy/fair copy sheet |
2 |
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recto |
f9 / f9 |
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richard smith |
dusautoy & rump 1809 |
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edward collins |
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1809 |
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48256 |
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