Browsing Revolt Library By Tag : limited monarchy

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BOOK IV OF THE OPERATION OF OPINION IN SOCIETIES AND INDIVIDUALS CHAPTER I OF RESISTANCE Having now made some progress in the inquiry originally instituted, it may be proper to look back, and consider the point at which we are arrived. We have examined, in the first place, the powers of man as they relate to the subject of which we treat; secondly, we have delineated the principles of society, as founded in justice and general interest, independently of, and antecedent to, every species of political government; and, lastly, have endeavored to ascertain the fundamental conditions which must belong to the most rational system of government. We might now proceed to investigate the different objects of government, and deduce the inferences respecting them which are pointed out to us by the preceding reasonings. But there are various miscellaneous considerations which, tho...

BOOK VII OF CRIMES AND PUNISHMENTS CHAPTER IV OF THE APPLICATION OF PUNISHMENT Delinquency and punishment incommensur- able. - External action no proper subject of criminal animadversion - how far capable of proof. - Iniquity of this standard in a moral - and in a political view. - Propriety of a retri- bution to be measured by the intention of the offender considered. - Such a project would overturn criminal law - would abolish punish- ment. - Inscrutability, 1. of motives. - Doubt- fullness 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 defend- ant in a criminal suit. A FURTHER consideration, calculated to show not only the absurdity of punishment for example, but the iniquity of punishment in general, is that delinquency and punishment are, in all cases, i...


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