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<head>LARCENY | <head>LARCENY AESTIMATION</head> <p> That the <del>mischief</del> <add> general measure</add> rule for estimating the mischief of a Larceny may be the <unclear>amount</unclear> <lb/> of the Value of [the thing] <add>what is</add> stolen. <hi rend="superscript">+</hi></p> <!-- short line across the page --><p> <note>+ <lb/>1<hi rend="superscript">st</hi> because the People will never be able to<lb/> reconcile themselves to the notion of one who<lb/> has stolen a shilling suffering as much<lb/> as one who has stolen £</note></p> <p><note>2<hi rend="superscript">d</hi>. — because in many cases a man wants<lb/> only a certain Sum & would be stopped of that<lb/> Sum by a heavier penalty for taking more.</note></p> <p> —— And inversely, by every exceeding of punishment for a particular kind of Larceny<lb/> above that for the rest, you encourage Robberies, for Robbery, Burglaries, & for<lb/> Burglary, Murders</p> <!-- line across the page --> <p><note> That the Clothiers <add>&c</add> and Blackers]<lb/> should be willing to obtain what<lb/> they thought a further security<lb/> for their property; is natural:<lb/> as it is, <add>nor is it otherwise</add> that the Legislature<lb/> in the hurry of a Sessions should<lb/> be <del>p</del> not long to gratify them in it,<lb/> <add> at the <sic>expence</sic></add> as it seemed to them, only of a <lb/> set of Villans but in a well <add>an uniform</add><lb/> considered <add> & well apportioned</add>code</note> </p> <!-- text to the right on page but encircled to separate it --><p> <add> or</add> Causing their proportions being observed, <add> is not that absolute necessity for</add> because<lb/> the bulk of Lawyers have not <gap/> <add> to make an <unclear>issue</unclear></add> <lb/> <del>to put</del> <add>between</add> which & Larceny to make their<lb/> option.</p> <p> It is advantageous to make the <foreign>quantium</foreign> of the thing<lb/> stolen the <del>standard</del> <add>measure</add> of the Punishment on <unclear>these</unclear> account<lb/> 1st That there may in all cases be a motive & consequently<lb/> a chance for the malefactor's stopping his<lb/> depredation at the point to which reaches his spec<gap/><lb/> necessity <add>exigencies & this is the only system whereon that chance can be had</add>: —2 Because it conforms to popular opinion; <hi rend="superscript">#</hi> <gap/><lb/><note> # manifest itself on a thousand<lb/> occasions to the compassion expressed<lb/> for an offender to a small amount<lb/> & the zeal displayed <add> expected</add> against, and<lb/> the interest taken in the <del>prosecution</del> <add> bringing<lb/> too justice</add> of a plunderer in wholesale</note><lb/> considerations which operate upon the conduct of<lb/>the <del>Checks</del> <add> Ingredients</add> to Malefactors are 4 in number &2 in kind:- of the first <add>material</add> kind, Conscience, <hi rend="superscript">#</hi> <note> # Under conscience I include — 1<hi rend="superscript">st</hi><lb/> Fear of censure [1<hi rend="superscript">st</hi>] from the Duty<lb/><lb/> [2<hi rend="superscript">d</hi> from the world — i.e.: the people's<lb/> connections] [but this seems to be included<lb/> under the 3<hi rend="superscript">d</hi> topic. <add> check</add> ]</note> 2<hi rend="superscript">d</hi> fear of present <add>mischief</add> resistance — 3<hi rend="superscript">dly</hi> fear of subsequent <add> suffering from the contempt of his connections in consequence of <add> other <add> fictitious</add> discovery — Of the latter kind<lb/> <hi rend="superscript">th</hi> the quantity of the Punishment. It is easy to see, that these must operate with different <lb/> force upon different understandings & constitutions</p> <!-- at the bottom of the page --> <p> THEFT AEstimation {BR}{5]</p> | ||
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LARCENY AESTIMATION
That the mischief general measure rule for estimating the mischief of a Larceny may be the amount
of the Value of [the thing] what is stolen. +
+
1st because the People will never be able to
reconcile themselves to the notion of one who
has stolen a shilling suffering as much
as one who has stolen £
2d. — because in many cases a man wants
only a certain Sum & would be stopped of that
Sum by a heavier penalty for taking more.
—— And inversely, by every exceeding of punishment for a particular kind of Larceny
above that for the rest, you encourage Robberies, for Robbery, Burglaries, & for
Burglary, Murders
That the Clothiers &c and Blackers]
should be willing to obtain what
they thought a further security
for their property; is natural:
as it is, nor is it otherwise that the Legislature
in the hurry of a Sessions should
be p not long to gratify them in it,
at the expence as it seemed to them, only of a
set of Villans but in a well an uniform
considered & well apportionedcode
or Causing their proportions being observed, is not that absolute necessity for because
the bulk of Lawyers have not to make an issue
to put between which & Larceny to make their
option.
It is advantageous to make the quantium of the thing
stolen the standard measure of the Punishment on these account
1st That there may in all cases be a motive & consequently
a chance for the malefactor's stopping his
depredation at the point to which reaches his spec
necessity exigencies & this is the only system whereon that chance can be had: —2 Because it conforms to popular opinion; #
# manifest itself on a thousand
occasions to the compassion expressed
for an offender to a small amount
& the zeal displayed expected against, and
the interest taken in the prosecution bringing
too justice of a plunderer in wholesale
considerations which operate upon the conduct of
the Checks Ingredients to Malefactors are 4 in number &2 in kind:- of the first material kind, Conscience, # # Under conscience I include — 1st
Fear of censure [1st] from the Duty
[2d from the world — i.e.: the people's
connections] [but this seems to be included
under the 3d topic. check ] 2d fear of present mischief resistance — 3dly fear of subsequent suffering from the contempt of his connections in consequence of <add> other <add> fictitious discovery — Of the latter kind
th the quantity of the Punishment. It is easy to see, that these must operate with different
force upon different understandings & constitutions
THEFT AEstimation {BR}{5]
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Identifier: | JB/070/235/001"JB/" can not be assigned to a declared number type with value 70. |
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070 |
of laws in general |
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235 |
larceny aestimation |
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001 |
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recto |
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jeremy bentham |
[[watermarks::j honig & zoonen [lion with vryheyt motif]]] |
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cc1 |
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23350 |
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