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<p>4</p> | |||
<p><head>Of the Lex Talionis.</head></p> | |||
<p><del>labour</del> of under <add><del>certain</del></add> other services. <del>to the benefit of the delinquent<lb/> | |||
or other</del></p> | |||
<p>2. It is not uniformly frugal. It is frugal or not<lb/> | |||
according to the <add>particular species of punishment which</add> nature of the injury in each case<lb/> | |||
respectively prescribes.</p> | |||
<p>3. Neither can it be uniformly equable: it is equable<lb/> | |||
or not, <add>as before</add> according to the nature of the injury.</p> | |||
<p><hi rend="superscript">⊞</hi> <note><hi rend="superscript">⊞</hi> To p.5</note></p> | |||
<p>5. Neither <add>upon the whole</add> can it be uniformly exemplary <add><del>upon</del></add>: and that<lb/> | |||
for the same reason. On <add>one</add> account however it is exemplary<lb/> | |||
<add>to a certain degree</add> on the face of the description; and that<lb/> | |||
whatever have been the injury, and consequently<lb/> | |||
whatever be <add>the punishment consist of</add> the <add>particular mode of</add> punishment. Upon the face of the<lb/> | |||
description, that is to a man who being under a<lb/> | |||
temptation to committ the crime reads the punishment <add>of</add> for it in the Law, <add>a punishment chosen upon this principle</add> it will probably appear<lb/> | |||
greater in proportion to the profit of the crime than<lb/> | |||
another punishment would that was really of equal<lb/> | |||
magnitude. This property [it possesses <add>belongs to it]</add> in virtue<lb/> | |||
of another property which it possesses in perfection<lb/> | |||
viz: that of Analogy. A man who is under temptation<lb/> | |||
to committ a crime, if he knows this to be<lb/> | |||
the rule of punishment cannot think of the pleasure<lb/> | |||
of the crime but he must think also of the<lb/> | |||
pain of the punishment. The greater <del>is</del> that pleasure<lb/> | |||
<add>is</add> in his eyes, the greater is this pain. So that<lb/> | |||
<add>the</add></p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Ready_For_Review}} | ||
4
Of the Lex Talionis.
labour of under certain other services. to the benefit of the delinquent
or other
2. It is not uniformly frugal. It is frugal or not
according to the particular species of punishment which nature of the injury in each case
respectively prescribes.
3. Neither can it be uniformly equable: it is equable
or not, as before according to the nature of the injury.
⊞ ⊞ To p.5
5. Neither upon the whole can it be uniformly exemplary upon: and that
for the same reason. On one account however it is exemplary
to a certain degree on the face of the description; and that
whatever have been the injury, and consequently
whatever be the punishment consist of the particular mode of punishment. Upon the face of the
description, that is to a man who being under a
temptation to committ the crime reads the punishment of for it in the Law, a punishment chosen upon this principle it will probably appear
greater in proportion to the profit of the crime than
another punishment would that was really of equal
magnitude. This property [it possesses belongs to it] in virtue
of another property which it possesses in perfection
viz: that of Analogy. A man who is under temptation
to committ a crime, if he knows this to be
the rule of punishment cannot think of the pleasure
of the crime but he must think also of the
pain of the punishment. The greater is that pleasure
is in his eyes, the greater is this pain. So that
the
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Identifier: | JB/159/130/004"JB/" can not be assigned to a declared number type with value 159. |
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159 |
punishment |
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130 |
of the lex talionis |
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004 |
frugality / equability / exemplarity |
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text sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
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caroline vernon |
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53953 |
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