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The Primary Sanction cannot be annexed to
Prohibitive Laws
[+] 1st because the number to them are is infinite.
That of The must therefore must be infinite.—
[+]When Reward is the Sanction it is annexed to [acts of]
obedience — When Punishment to acts , of
disobedience
That of The number of proportion of the disobediences is small
it Will Direction is formed expression, suppose in England, it is that men shall
not murder — How1 what Sanction shall they
it have to2 compleat it into a Law , Penal
or Praemiary, — Suppose a Penal one — hanging for every act of disobedience
Twenty 50 murders then are committed in a
year — What is the consequence? that 50
men are hanged —
Now let the Sanction be a for age Primary
5£ 1 Guinea for example for every act of obedience
observe the consequence
The act of disobedience which subjects a man
to the Punishment is performable in an inestant
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of time — It must be the same with
the act of obedience that is to enable him
to the Reward —
These are Men Person's in England Great B England are
6 Millions. — here then is 5 times 6 Million
of Pounds equal to that is 30 Millions ( times 50) to pay in rewards for the the 1st instant moment of time after
the Law has takes place.
The number of moments in a year are x ..
30 6 Millions of Pounds multiplied by 20 .
is what there will be due [+] in rewards to one
at the year's end on the score of the
Law against Murder.
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1st Because in prohibitive Laws there are is an infinity of obedience , to one
disobedience.
2. Because the of Punishments is the
only one of the two that is inexhaustible.
3. Because a Legislator can be more certain
of producing pain by the instruments he has
at command for producing pain, than if producing
pleasure by the instruments he has
at producing pleasure
4. Because a greater interest can be raised
by pain , than can by pleasure , [and the
only one that shall be superior to any given
motive.]
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Legislators have made mere use of Punishments
than of Rewards — It was as easy to
tell that this must be the case , as it seems
to have been [found] difficult to tell why — Inconceivable
as it may appear it is a problem
which has posed some of the most
heads to solve — An Some percepption , how obsure
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so ever of the grounds of this phanomenon ,
no one could fail of having , who
as at all consider'd it: but in no one have
it they been yet explicitly developed - - - -
Locke + , the Auther of the Commentaries
have each their notion ,
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penal code |
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[[info_in_main_headings_field::introd law sanction - why penal rather than [ ] praemiary]] |
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jeremy bentham |
[[watermarks::gr [crown motif] [pro patria lion motif]]] |
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