JB/141/044/002

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7

The Punishments that meet with most universal The species of Punishment that command the largest share of public
approbation as those that are considered as bearing are such as are
some analogy analogy analogous to the offence. Independently
of any into properties it may possess it is then Punishments of this description are commonly
considering considered regarded as entitled to the character
of to be just and equitable. that there is at the bottom But what is the foundation
of this argument, I cannot discover sort of justice & equity commensurable to I know not. The delinquent
is punished as he punished his adversary. Not suffers the same evil he has caused.
should the law as follow the example of from it the conduct Ought the law to imitate the example
that it condemns? Ought the masses to imitate the
malefactor in his wickedness? The judicial and
solemn ought it Ought a solemn act of justice t be the same in specie kind as the an
criminal act. act of criminality?

What however satisfies The circumstance that flatters the people of the advantage of in this
mode of pu punishment is that from the delinquent
himself the to the arguments in for it favour of it of no reply he
cannot accuse the law of severity, of the law without at
the same time accusing himself.
This circumstances satisfies
the multitude; the mouth
of the Criminal is stopped
and he cannot accuse the
law of severity without
at the same time being
equally self accused condemned.

Fortunately the same bent of the imagination
that renders this mode of punishment popular,
renders it at the same time appropriate, The
analogy that presents itself to the people, presents its
to the individual delinquent at the moment of temptation,
and renders its affects of in the way of to the delinquent, and renders it a peculiar object of
dread. determent to a remarkable degree efficient.⊞ [⊞ To the back of this page]

In this instance however though the conclusions are
happen to be confirmable to utility, it is not a matter of
indifference from which of those principles they are
derived: because giving judgment independently
of utility this time, it may give judgment another
time against her. The light of political & moral science
will them steadily in men's understanding,
alone to the exclusion of all other. Terms In matters
of When the judgment is to decide the use of
laudatory or vituperative epithets is like the babbling
of our childhood. They ought cautiously to be abstained
from in all philosophical disquisitions when the object is to instruct &
convince the understanding, and not to move the passions.

Identifier: | JB/141/044/002"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	044	Info in main headings field
Image	002	Titles
Category	copy/fair copy sheet	Number of Pages	3
Recto/Verso	recto	Page Numbering	f6 / / f7 /
Penner	richard smith	Watermarks	[[watermarks::dusautoy & rump 1809 [britannia with shield emblem]]]
Marginals		Paper Producer	edward collins
Corrections		Paper Produced in Year	1809
Notes public		ID Number	48261
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