JB/096/163/002

Click Here To Edit

PUNISHMENT - Measure

Impropriety of the Phrase, "that Such a CRIME deserves Such a PUNISHMENT. 110

There is a phrase, the banishment of which from the page of
the Dissertation, will mark out be the epoch a singular signal improvement in
Penal Jurisprudence — Induced influenced determined by habit to connect the Idea
of a particular punishment with that of a particular Crime,
we are apt to say, writers have acquired imbibed a propensity speak of the crime that such a crime as deserving that
punishment — "Murder (they will may say, almost unanimously)
"deserves murder death" "Blood will have Blood" — Led
on by verbal delusion from error to error
they a connection which because they see habitual customary they call natural,
and because natural, necessary and indissoluble — the punishment
belongs as it were to the crime, and the forbearing to 1 2 with deserving it 3 4
[annex it in it's full vigor] they consider as [is a species of injustice analogous
to being as it were the 5 the not rendering a man his due ^is treated as a species of injustice.
A sort of Shock is conceived to be given to the moral system by an atrocious Crime, the produced which is a sort of equilibrium as it were restored, by a supposed imitable punishment as a countershock

[An inconvenience thus flowing from a too contracted view of
the subject, a want . of attention to the subordination of between moral
Ends, and an attachment to the confused specious and undefinableIdeas
of immutable eternal I know not what & inflexible Justice]

Beccaria has given it a house stroke

The unconquerable propensity of men to Vengeance
Private propensity to Revenge, and the notion of Expiation + + The foolish and costly business of Expiation as that
poisonous ingrafted into almost all Religions, further
contribute to nourish support & & support this Idea.+

It is one of the last prejudices which clings imperceptibly to
the an enlightened mind [of an enlightened writer Author]

"Ogni Governo, says Beccaria e reppubblicano, e monarchico, deve al
che toccherebbe al accusato" ¶15. p.68 How does this consist with
a proposition which he quotes with applause from
Montesquieu (¶2.p.15) Ogni pena che non derivi dall'assoluta
necessita è tirannico — if this be the case the proposition ought not to be handed down then
[the] that punishment in so great a degree in question ought not to be inflicted for
the offence in question; till it appears be shown that none less
will be sufficient, & that is what is not done.

...NISHMENT. END. False: Vengeance. [Br.I]
---page break---

Identifier: | JB/096/163/002"JB/" can not be assigned to a declared number type with value 96.
Date_1		Marginal Summary Numbering
Box	096	Main Headings	punishment
Folio number	163	Info in main headings field	<pu>nishment end false vengeance
Image	002	Titles	[[titles::impropriety of the phrase, "that such a crime deserves such a punishment["]]]
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	f110 / f123
Penner	jeremy bentham	Watermarks	[[watermarks::[crown & fleur-de-lys motif] l v g]]
Marginals		Paper Producer	caroline vernon
Corrections		Paper Produced in Year
Notes public		ID Number	31167
Box Contents