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<p><del>This</del> <add>Thus much</add> being premised it will appear that the | <p><del>This</del> <add>Thus much</add> being premised it will appear that the | ||
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<del>Merits of</del> <add>Question of merit or demerit in | <del>Merits of</del> <add><del><add>degree</add></del> Question of merit or demerit in</add> a Law is susceptible of these right Cases | ||
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1<hi rend='superscript'>st</hi>. When both the Act prohibited is such as does | <p>1<hi rend='superscript'>st</hi>. When both the Act prohibited is such as does | ||
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not produce Unhappiness in the Community, | not produce Unhappiness in the Community, | ||
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and the Penalty <add>is so often inflicted as to</add> answer<del>s</del> the End in an ordinary | and the Penalty <add>is so often inflicted as to</add> answer<del>s</del> the End in an ordinary | ||
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Degree of preventing it's being committed, but is | Degree of preventing <sic>it's</sic> being committed, but is | ||
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greater than is necessary for that Purpose — | greater than is necessary for that Purpose — | ||
<lb/></p> | <lb/></p> | ||
<p> | <p>This is the Maximum of Imperfection. | ||
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Such, if it be necessary to hazard Examples | Such, if it be necessary to hazard Examples all | ||
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along for the Sake of fixing the Import of the Rule, | along for the Sake of fixing the Import of the Rule, | ||
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upon Offenders with all the Varieties of Torment. | upon Offenders with all the Varieties of Torment. | ||
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2. Where the Act prohibited is such as does not | <p>2. Where the Act prohibited is such as does not | ||
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produce Unhappiness in the Community and the | produce Unhappiness in the Community and the | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
6
such Mischief: Care ought he therefore certainly to It concerns him to
take care that in Recompence he is doing good.
This Thus much being premised it will appear that the
Merits of <add>degree Question of merit or demerit in</add> a Law is susceptible of these right Cases
1st. When both the Act prohibited is such as does
not produce Unhappiness in the Community,
and the Penalty is so often inflicted as to answers the End in an ordinary
Degree of preventing it's being committed, but is
greater than is necessary for that Purpose —
This is the Maximum of Imperfection.
Such, if it be necessary to hazard Examples all
along for the Sake of fixing the Import of the Rule,
may be conceived to be in Spain & Portugal the
Laws of the Inquisition against the Maintenance
of innocent or meritorious Opinions, inflicting Death
upon Offenders with all the Varieties of Torment.
2. Where the Act prohibited is such as does not
produce Unhappiness in the Community and the
Penalty answers the End in an ordinary Degree
of preventing it, but is no greater than is necessary
for that Purpose. such
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Identifier: | JB/096/099/001"JB/" can not be assigned to a declared number type with value 96. |
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096 |
legislation |
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099 |
ch…of laws in general - measure of their expediency |
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001 |
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copy/fair copy sheet |
4 |
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recto |
f6 / f7 / f8 / |
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[[watermarks::l v g propatria [britannia motif]]] |
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caroline vernon |
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31103 |
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