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<p>8</p> | |||
<p><head>Of the Lex Talionis</head></p> | |||
<p>dictated as the phrase is by natural Equity or<lb/> | |||
Justice, or the Law of Nature. Another<hi rend="superscript">⊞</hi> <note><hi rend="superscript">⊞</hi> <add>but</add> which can operate only in <del>certain cases</del> <add>the case of</add> very odious offences,</note> is the principle<lb/> | |||
of vengeance; according to which, as far as<lb/> | |||
the received notions of congruity will allow, a<lb/> | |||
man <add><del>who takes</del> whose affections are exasperated against the delinquent</add> is but pleased with that mode of punishment,<lb/> | |||
by which the delinquent seems likely to suffer most.<lb/> | |||
Now it seems to be generally however obscurely<lb/> | |||
[perceived] understood that a man is likely to suffer<lb/> | |||
more by being made to suffer in that particular<lb/> | |||
way in which it was his design that his adversary<lb/> | |||
should suffer than he would in any of those<lb/> | |||
other ways of suffering which had it not been for<lb/> | |||
such design would have been equally grievous <add>of equal magnitude</add><lb/> | |||
to him. This holds good however <add>it must be observed</add> only in the<lb/> | |||
case where the motive to the offence is derived<lb/> | |||
from the irascible appetite, and the suffering of<lb/> | |||
the party injured is not the <add>merely</add> oblique, <add>merely</add> but the<lb/> | |||
direct end of the offence. Much stress however<lb/> | |||
I do not mean to lay either upon the fact of its<lb/> | |||
popularity <add>being popular</add> in any instance except that of Murder,<lb/> | |||
nor upon the account here given of the causes.<lb/> | |||
For nothing can be more liable to uncertainty and<lb/> | |||
error than an account of <add>any speculation concerning</add> the vague and discordant<lb/> | |||
notions of the – multitude.</p> | |||
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8
Of the Lex Talionis
dictated as the phrase is by natural Equity or
Justice, or the Law of Nature. Another⊞ ⊞ but which can operate only in certain cases the case of very odious offences, is the principle
of vengeance; according to which, as far as
the received notions of congruity will allow, a
man who takes whose affections are exasperated against the delinquent is but pleased with that mode of punishment,
by which the delinquent seems likely to suffer most.
Now it seems to be generally however obscurely
[perceived] understood that a man is likely to suffer
more by being made to suffer in that particular
way in which it was his design that his adversary
should suffer than he would in any of those
other ways of suffering which had it not been for
such design would have been equally grievous of equal magnitude
to him. This holds good however it must be observed only in the
case where the motive to the offence is derived
from the irascible appetite, and the suffering of
the party injured is not the merely oblique, merely but the
direct end of the offence. Much stress however
I do not mean to lay either upon the fact of its
popularity being popular in any instance except that of Murder,
nor upon the account here given of the causes.
For nothing can be more liable to uncertainty and
error than an account of any speculation concerning the vague and discordant
notions of the – multitude.
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Identifier: | JB/159/132/004"JB/" can not be assigned to a declared number type with value 159. |
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159 |
punishment |
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132 |
of the lex talionis |
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004 |
exemplarity / variability / subserviency to reformation / simplicity / popularity |
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text sheet |
4 |
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recto |
f5 / f6 / f7 / f8 |
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jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
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caroline vernon |
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53955 |
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