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26<lb/> | |||
'' | C | ||
<head>Of Theft</head><lb/> | |||
<head>Question IV</head><lb/> | |||
Why the hard labour as to all but a small<lb/> part of it is allowed to be communted into fine?<lb/>Reasons<lb/> 1. Because <del><gap/></del> pecuniary punishment is in<lb/> <del>general</del> itself the most eligible kind of punishment.<lb/> See <hi rend='superscript'>Tit</hi> [ Imp. pers. Injuries]Quest. i Insomuch that the<lb/> only uncertainty of a man's having wherewithall<lb/> to undergo it is <del><gap/></del> <add>in this as in</add> many cases the only<lb/> reason for having recourse to any other.<lb/> To p. 33<lb/><pb/> From P. 33<lb/> <head>Question V</head><lb/> Why a part of the hard labour is reserved<lb/> so as not to be commuted for.<lb/>Reasons<lb/> | |||
1. To avoid giving disatisfaction to the people: meaning<lb/> the poorer classes, which as being the most<lb/> numerous <del> have the greatest</del> claim the most regard.<lb/> To the purpose of <add>marking the offence with</add> <del><gap/><gap/></del> infamy the <gap/><lb/>ignominious part of the punishment is<lb/> <add>indeed</add> more peculiarly appropriated. But the punishment<lb/> of hard labor comes in for its share<lb/> in producing the same effect. It might therefore<lb/> form an invidious distinction, if there were any<lb/> one sort of punishment which it were in the power<lb/> of wealth to exempt a man from and if the rich <add>as</add> | |||
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26
C
Of Theft
Question IV
Why the hard labour as to all but a small
part of it is allowed to be communted into fine?
Reasons
1. Because pecuniary punishment is in
general itself the most eligible kind of punishment.
See Tit [ Imp. pers. Injuries]Quest. i Insomuch that the
only uncertainty of a man's having wherewithall
to undergo it is in this as in many cases the only
reason for having recourse to any other.
To p. 33
---page break---
From P. 33
Question V
Why a part of the hard labour is reserved
so as not to be commuted for.
Reasons
1. To avoid giving disatisfaction to the people: meaning
the poorer classes, which as being the most
numerous have the greatest claim the most regard.
To the purpose of marking the offence with infamy the
ignominious part of the punishment is
indeed more peculiarly appropriated. But the punishment
of hard labor comes in for its share
in producing the same effect. It might therefore
form an invidious distinction, if there were any
one sort of punishment which it were in the power
of wealth to exempt a man from and if the rich as
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Identifier: | JB/071/049/002"JB/" can not be assigned to a declared number type with value 71. |
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071 |
penal code |
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049 |
of theft reasons |
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002 |
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text sheet |
4 |
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recto |
f25 / f26 / f27 / f28 |
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jeremy bentham |
[[watermarks::s. lay [britannia with shield motif]]] |
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alexander mavrokordatos |
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23452 |
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