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<p>The <del>boundaries</del> <add>minimum</add> of punishment <lb/> <del>are</del> <add>is</add> more <del>easily</del> clearly marked than its maximum.<lb/> What is <hi rend="underline">too little</hi> is more easily observed than what<lb/> is <hi rend="underline">too much</hi>. What is not sufficient is easily seen<lb/> but it is not possible so <del><gap/></del><add>exactly</add> to distinguish <del>what</del> an<lb/> excess. <del>After all</del> An approximation only can be<lb/> attained. The irregularities in the force of temptation<lb/> compel the legislation to increase <add>his</add> punishments<lb/> <unclear>till</unclear> they <del>rise above the<add>are more than sufficient</add></del><add>are not merely sufficient</add> to restrain the ordinary<lb/> desires of men, but also the violence of their desires<lb/> when unusually excited.</p> | <p>The <del>boundaries</del> <add>minimum</add> of punishment <lb/> <del>are</del> <add>is</add> more <del>easily</del> clearly marked than its maximum.<lb/> What is <hi rend="underline">too little</hi> is more easily observed than what<lb/> is <hi rend="underline">too much</hi>. What is not sufficient is easily seen<lb/> but it is not possible so <del><gap/></del><add>exactly</add> to distinguish <del>what</del> an<lb/> excess. <del>After all</del> An approximation only can be<lb/> attained. The irregularities in the force of temptation<lb/> compel the legislation to increase <add>his</add> punishments<lb/> <unclear>till</unclear> they <del>rise above the<add>are more than sufficient</add></del><add>are not merely sufficient</add> to restrain the ordinary<lb/> desires of men, but also the violence of their desires<lb/> when unusually excited.</p> | ||
<p>The greatest <del>dangers</del><add><unclear></unclear></add> lies in an error on the minimum side because in this case the punishment is inefficacious but this error is <unclear>not</unclear> likely to occur a | <p>The greatest <del>dangers</del><add><unclear></unclear></add> lies <add>in an error</add> on the<lb/> minimum side because in this case the punishment<lb/> is inefficacious but this error is <unclear>not</unclear> likely to<lb/> occur a slight degree of attention <del><gap/></del> sufficing<lb/> for its escape, and when it does exist, it is at<lb/> the same time clear and manifest and easy<lb/> to be remedied. An error on the maximum<lb/> side, on the contrary is that to which <del>the which</del> <add>legislators +</add><lb/> <del>the <gap/> missed is naturally inclined</del> <add>men in general are naturally inclined, antipathy or a</add><lb/> want of compassion for individuals who are represented<lb/> as dangerous and vile pushes them onward to an<lb/> undue severity. It is on this side therefore that<lb/> we should take precautions as on this side there<lb/> has been shown the greatest disposition to err.</p> | ||
<p>One general observation may here be added that in determining the proportion between punishments and offences | <p>One general observation may here be<lb/> added that in determining the proportion between punishments<lb/> and offences clearness and simplicity must not be<lb/> sacrificed to an endeavor to attain mathematical accuracy.<lb/> By pushing the principle to its utmost extent the attempt<lb/> at proportionality would be rendered ridiculous. It is <del>atrocious</del><add>cruel</add> to<lb/> right it, it is absurd to pursue it into all its <unclear>defacts</unclear>. Clearness<lb/> <unclear>previty</unclear> implicity, exemplarity are more desirable qualities in a law<lb/> than proportionality.—</p> | ||
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The boundaries minimum of punishment
are is more easily clearly marked than its maximum.
What is too little is more easily observed than what
is too much. What is not sufficient is easily seen
but it is not possible so exactly to distinguish what an
excess. After all An approximation only can be
attained. The irregularities in the force of temptation
compel the legislation to increase his punishments
till they rise above theare more than sufficientare not merely sufficient to restrain the ordinary
desires of men, but also the violence of their desires
when unusually excited.
The greatest dangers lies in an error on the
minimum side because in this case the punishment
is inefficacious but this error is not likely to
occur a slight degree of attention sufficing
for its escape, and when it does exist, it is at
the same time clear and manifest and easy
to be remedied. An error on the maximum
side, on the contrary is that to which the which legislators +
the missed is naturally inclined men in general are naturally inclined, antipathy or a
want of compassion for individuals who are represented
as dangerous and vile pushes them onward to an
undue severity. It is on this side therefore that
we should take precautions as on this side there
has been shown the greatest disposition to err.
One general observation may here be
added that in determining the proportion between punishments
and offences clearness and simplicity must not be
sacrificed to an endeavor to attain mathematical accuracy.
By pushing the principle to its utmost extent the attempt
at proportionality would be rendered ridiculous. It is atrociouscruel to
right it, it is absurd to pursue it into all its defacts. Clearness
previty implicity, exemplarity are more desirable qualities in a law
than proportionality.—
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Identifier: | JB/141/013/002"JB/" can not be assigned to a declared number type with value 141. |
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141 |
rationale of punishment |
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013 |
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002 |
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copy/fair copy sheet |
4 |
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recto |
f10 / / f11 / |
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richard smith |
[[watermarks::edward wise 1824 [britannia with shield emblem]]] |
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franz ludwig tribolet |
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1824 |
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48230 |
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