Publisher's Synopsis
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1798 edition. Excerpt: ... CHAP. IV. OP THE APPLICATION OF PUNISHMENT, Delinquency and punishment incommensurable.--External action no proper subject of criminal animad version--how far capable of proof--Iniquity of this standard in a moral--and in a political view. Propriety of a retribution to be measured by the intention of the offender considered.--Such a project would overturn criminal late--would abolish punishment---Inscrutability; I. of motives.--Doubtfulness of history.--Declarations of sufferers.--2. of the future conduct of the offender.--Uncertainty of evidence--either of the facts--or the intention.--* Disadvantages of the defendant in a criminal suit. AFURTHER consideration, calculated to Bookvii. * CHAP IV fliow, not only the absurdity of punishment for . J '. example, but the iniquity of punishment in general, Deiinquen... . cy, nd p is, that delinquency and punishment are, in all cases, niihment incommensurable. No standard of delinquency Curable, ever has been, or ever can be, discovered. No two crimes were ever alike; and therefore the reducing them, explicitly or implicitly, to general classes, which the very idea of example implies, is absurd. Nor is it less absurd, to attempt to proportion the degree of suffering to the degree of delinquency, when BooKvn. when the latter can never be discovered. Let us CHAP IV endeavour to clear the truth of these propositions, ixtcrnaiac- Man, like every other machine the operations of rr shje'ct>" which can be made the object of our fenses, may, rim'.drer! m a certain fense, be afsirmed to consist of two parts, the external and the internal. The form which his actions assume is one thing; the principle from which they flow is another. With the former it is possible..."