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<p>18<lb/> | |||
B.1. Ch.6</p> | |||
<p>3. That they be <hi rend="underline">gentle</hi>; an improper<lb/> | |||
and unsignificant term, whilst his<lb/> | |||
observations upon the danger of excess in<lb/> | |||
punishment are very judicious.</p> | |||
<p>4. That they should be <hi rend="underline">proportional</hi>, but<lb/> | |||
he gives no rule for this proposition.</p> | |||
<p>He requires besides this that they<lb/> | |||
should be <hi rend="underline">certain</hi>, <hi rend="underline">prompt</hi> & <hi rend="underline">inevitable</hi><lb/> | |||
but these circumstances depend upon the<lb/> | |||
forms of procedure in the application of<lb/> | |||
punishment, and not upon its qualities.</p> | |||
<p>In his commentary upon Beccaria<lb/> | |||
Voltaire often recurs to the idea of rendering<lb/>\punishments profitable – "A dead man is<lb/> | |||
good for nothing."</p> | |||
<p>One of The Heroes of Humanity, the good and<lb/> | |||
amiable Howard had continually in<lb/> | |||
view the amendment of delinquents.</p> | |||
<p>Confining our attention to those who are<lb/> | |||
considered as <del>the</del> oracles in this branch of<lb/> | |||
science, we cannot but observe that <del>from</del> <add>between</add><lb/> | |||
these scattered ideas, and vague conceptions<lb/> | |||
which have not yet received a name, <del>there</del> and a<lb/> | |||
<del>is a great distace</del> <add>regular catalogue in which</add> these qualities are<lb/> | |||
distinctly presented <add>to us</add> with names and definitions<lb/> | |||
there is a wide interval. By thus placing<lb/> | |||
them under one point of view another advantage<lb/> | |||
is gained – their true worth and comparative<lb/> | |||
importance is determined. Montesquieu was<lb/> | |||
dazzled by the <del>merit</del> <add>worth</add> of analogy <del>as</del> <add>in</add> a punishment<lb/> | |||
and has attributed to it wonderful effects which it<lb/> | |||
does not possess. – <hi rend="underline">Esprit des Lois</hi>, XII. 4.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Ready_For_Review}} |
18
B.1. Ch.6
3. That they be gentle; an improper
and unsignificant term, whilst his
observations upon the danger of excess in
punishment are very judicious.
4. That they should be proportional, but
he gives no rule for this proposition.
He requires besides this that they
should be certain, prompt & inevitable
but these circumstances depend upon the
forms of procedure in the application of
punishment, and not upon its qualities.
In his commentary upon Beccaria
Voltaire often recurs to the idea of rendering
\punishments profitable – "A dead man is
good for nothing."
One of The Heroes of Humanity, the good and
amiable Howard had continually in
view the amendment of delinquents.
Confining our attention to those who are
considered as the oracles in this branch of
science, we cannot but observe that from between
these scattered ideas, and vague conceptions
which have not yet received a name, there and a
is a great distace regular catalogue in which these qualities are
distinctly presented to us with names and definitions
there is a wide interval. By thus placing
them under one point of view another advantage
is gained – their true worth and comparative
importance is determined. Montesquieu was
dazzled by the merit worth of analogy as in a punishment
and has attributed to it wonderful effects which it
does not possess. – Esprit des Lois, XII. 4.
Identifier: | JB/141/031/003"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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031 |
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003 |
note by dumont |
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copy/fair copy sheet |
4 |
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recto |
f17 / f11 / f18 / f12 |
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richard smith |
[[watermarks::dusautoy & rump 1809 [britannia with shield emblem]]] |
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edward collins |
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1809 |
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48248 |
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