JB/141/021/002

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individuals they shall be in an equal degree affected
by these. This is evidently not to be Any such
accuracy as this is is however evidently nor to be attained unattainable.
The circumstances and sensibility of individuals
as to such a degree variable as to render part the attainment of
the attempt to reach ensure equabilty in pers penal legislation a chimera perfectly chimerical itself.
All that can be done is to avoid all any extraordinary
or palpable desir deviation from the rule. In the forming a penal code what
unf ought therefore never to be lost sight of
in the forming of a of is that unless the circumstances
of influencing sensibility – condition in life, property,
be attended to the same nominal name
a is can never be the same real pain, punishment
will bear unna instantly materially vary differ from the real pu punishment.
Unless Leave the amount value of a mans property
be taken into out of consideration can & will a fixt fine
of fixt amount be regarded as a an equal punishment?
The difference in the effects of corporal punishment
are not less remarkable Leave the circumstance
of sex, rank, & age out of consideration and
will whipping be an equal punishment?
I A In China all ranks are under the discipline
of the Bamboo, from the water carrier up to
the Mandarin & Prince – a sufficient proof
that they are strangers to our notions of honour.

III Commensurability

For Two Punishments are commensurable when the
penal effects liable to be produced by each of by them can be accurately
measured, and a distinct conception
formed of the diff of what in point respect of the suffering
liable to be they are calculated to produce the one falls short of or exceeds the
others another. To That it may possess the
property of commensurability every punishment
must therefore in its amount be certain: an uncertainty ap

Identifier: | JB/141/021/002"JB/" can not be assigned to a declared number type with value 141.
Date_1		Marginal Summary Numbering
Box	141	Main Headings	rationale of punishment
Folio number	021	Info in main headings field
Image	002	Titles	iv characteristicalness
Category	copy/fair copy sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	f5 / f4
Penner	richard smith	Watermarks	dusautoy & rump 1809
Marginals		Paper Producer	edward collins
Corrections		Paper Produced in Year	1809
Notes public		ID Number	48238
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