JB/071/185/004

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64 C Reasons Of Frauds relative to the Coin.

Quest VII. Why the Punishment in this Case may be fixed, Reason

Because the Mischief results not from the Act but from the Habit: Because the mischief is to be estimated in this Case
not from the particular consequences of any single Act, but from
the general consequences of the obnoxious habit. See Quest V.

It can answer therefore no purpose to make the punishment
rise and fall with the profit upon any single
offence. The profit which the punishment must be made
to outweigh is the profit not upon the particular Act, but
upon the habitual Practice. Now the quantum of the former
is susceptible of direct proof. But this is not the case
with the latter. It can be appraised no otherwise than by a
random calculation. This calculation may be the same for
all cases. It may therefore as well be made by the Legislator
as by the Judge.

Quest. VIII. Why the indelible Stigma is here employed, Reasons.

1. Because the infamy will not be so intolerable in this as

Identifier: | JB/071/185/004"JB/" can not be assigned to a declared number type with value 71.
Date_1		Marginal Summary Numbering	not numbered
Box	071	Main Headings	penal code
Folio number	185	Info in main headings field	of frauds relative to the coin
Image	004	Titles
Category	copy/fair copy sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f61 / f62 / f63 / f64
Penner		Watermarks	[[watermarks::myears [lion with crown motif]]]
Marginals		Paper Producer	caroline fox
Corrections		Paper Produced in Year
Notes public		ID Number	23588
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