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(24
Observations
Recognizancesmarginal note textsingle is complicated. By single, I call it when it serves to
constitute no more than one species of offences however
extensive. By complicated, when it serves to constitute
more than one. Now even when single, the individual
offences that may come under it, may although they come under
one specific description, may for all that vary very considerably
in their the degree of guilt, they testify and [in [their consequent
demand of punishment] the punishment demanded by them
in consequence] consequently by consequence in the punishment they demand.
The more numerous the degrees of guilt of which they
are thus susceptible, the greater the chance of disproportion
between the offence and the punishment. when
the conditional part is complicated, when more than one species of offence is created by it, the chance of that disproportionateness is multiplied by
the number of such species. If then the penal is
small it may often happen that the penalty shall
not be equal to the apparent profit, to the temptation to the crime.
The penalty is then as nothing. If the penal is
large in the 1st place a man the party himself will be terrified by the
magnitude of it, and still more his sureties, if the
penalty upon his sureties is made to bear as at present,
a certain ratio to that imposed upon him, still
more, by which means he will and they will be deterred from entering
into the engagement at all, & so the man will be excluded from this , or if they do enter into it, it
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Identifier: | JB/079/087/004"JB/" can not be assigned to a declared number type with value 79. |
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recto |
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jeremy bentham |
[[watermarks::gr [crown motif] [lion with crown motif]]] |
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25529 |
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