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<head><note>32</note> C<lb/> <sic>Miscell.</sic></head> <p><note>Procedure why postponed.</note></p> <p>I place the part relative to the offences themselves<lb/>before the part relative to <add>the method of</add> Proceeding against offenders.<lb/>For in the former part there is not necessity<lb/>for mentioning the latter: but in the latter there is<lb/>continual necessity for mentioning the latter: it supposes<lb/>the latter to be already <add>known &amp;</add> understood.  The former<lb/> is the principal, the latter the accessory: it is for<lb/>the sake of <add>giving efficacy to</add> that principal part that the accessory part<lb/> is established.  The former might subsist and even<lb/>possess some degree of efficacy without the latter: for it<lb/>might derive some degree of efficacy from the two auxiliary the moral and religious sanctions:  the accessory<lb/>without the principal would be altogether useless &amp;<lb/>unintelligible.</p> <!-- line across the page --> <p>See Smith on the Wealth of Nations Vol. 2. B. 5. <sic>Ch.</sic> 2.<lb/>p.427. &#x2014; See also Sketches of the History of Man p.474 &amp; <lb/> <sic>seq.</sic> as quoted by D<hi rend="superscript">r</hi> Smith.</p> <p><note>Punishment must<lb/> rise with the temptation &#x2014;<lb/> <foreign>Adversaria &#x2014;</foreign></note></p> <p>In matters of detail, the limits of the present design will not<lb/>permit me to engage in controversy.  But in regard to matter of such<lb/>fundamental importance it is no more than a homage I owe to one of<lb/>the first political Writers of the age, if I take some notice of his sentiments<lb/>when I find them, to appearance at least, opposite to mine.<lb/>It will be a great satisfaction if I can succeed in pointing out the<lb/>source of what I take to be his mistake.</p> <p>A Proposition the same in substance has also been advanced by another Writer<lb/>of great Name.  See Prine: of <sic>Pen:</sic> Law.</p>     
<head><note>32</note> C<lb/> <sic>Miscell.</sic></head> <p><note>Procedure why postponed.</note></p> <p>I place the part relative to the offences themselves<lb/>before the part relative to <add>the method of</add> <sic>Proceding</sic> against offenders.<lb/>For in the former part there is not necessity<lb/>for mentioning the latter: but in the latter there is<lb/>continual necessity for mentioning the latter: it supposes<lb/>the latter to be already <add>known &amp;</add> understood.  The former<lb/> is the principal, the latter the accessory: it is for<lb/>the sake of <add>giving efficacy to</add> that principal part that this accessory part<lb/> is established.  The former might subsist and even<lb/>possess some degree of efficacy without the latter: for it<lb/>might derive some degree of efficacy from the two auxiliary<lb/> the moral and religious sanctions:  the accessory<lb/>without the principal would be altogether useless &amp;<lb/>unintelligible.</p> <!-- line across the page --> <p>See Smith on the Wealth of Nations Vol. 2. B. 5. <sic>Ch.</sic> 2.<lb/>p.427. &#x2014; See also Sketches of the History of Man p.474 &amp; <lb/> <sic>seq.</sic> as quoted by D<hi rend="superscript">r</hi> Smith.</p> <p><note>Punishment must<lb/> rise with the temptation &#x2014;<lb/> <foreign>Adversaria &#x2014;</foreign></note></p> <p>In matters of detail, the limits of the present design will not<lb/>permit me to engage in controversy.  But in regard to matter of such<lb/>fundamental importance it is no more than a homage I owe to one of<lb/>the first political Writers of the age, if I take some notice of his sentiments<lb/>when I find them, to appearance at least, opposite to mine.<lb/>It will be a great satisfaction if I can succeed in pointing out the<lb/>source of what I take to be his mistake.</p> <p>A Proposition the same in substance has also been advanced by another Writer<lb/>of great Name.  See Prine: of <sic>Pen:</sic> Law.</p>     





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32 C
Miscell.

Procedure why postponed.

I place the part relative to the offences themselves
before the part relative to the method of Proceding against offenders.
For in the former part there is not necessity
for mentioning the latter: but in the latter there is
continual necessity for mentioning the latter: it supposes
the latter to be already known & understood. The former
is the principal, the latter the accessory: it is for
the sake of giving efficacy to that principal part that this accessory part
is established. The former might subsist and even
possess some degree of efficacy without the latter: for it
might derive some degree of efficacy from the two auxiliary
the moral and religious sanctions: the accessory
without the principal would be altogether useless &
unintelligible.

See Smith on the Wealth of Nations Vol. 2. B. 5. Ch. 2.
p.427. — See also Sketches of the History of Man p.474 &
seq. as quoted by Dr Smith.

Punishment must
rise with the temptation —
Adversaria —

In matters of detail, the limits of the present design will not
permit me to engage in controversy. But in regard to matter of such
fundamental importance it is no more than a homage I owe to one of
the first political Writers of the age, if I take some notice of his sentiments
when I find them, to appearance at least, opposite to mine.
It will be a great satisfaction if I can succeed in pointing out the
source of what I take to be his mistake.

A Proposition the same in substance has also been advanced by another Writer
of great Name. See Prine: of Pen: Law.




Identifier: | JB/063/008/004"JB/" can not be assigned to a declared number type with value 63.

Date_1

Marginal Summary Numbering

not numbered

Box

063

Main Headings

penal code

Folio number

008

Info in main headings field

miscell.

Image

004

Titles

Category

text sheet

Number of Pages

4

Recto/Verso

recto

Page Numbering

f29 / f30 / f31 / f32

Penner

jeremy bentham

Watermarks

[[watermarks::gr [crown motif] [britannia with shield motif]]]

Marginals

jeremy bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

20197

Box Contents

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