An Essay on Crimes and Punishments |
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Page iv
... sufficiently obvious ; the translator appears to have been im- perfectly acquainted with the French language , and totally unacquainted with English or French law terms and proceedings , a knowledge of which is absolutely necessary in ...
... sufficiently obvious ; the translator appears to have been im- perfectly acquainted with the French language , and totally unacquainted with English or French law terms and proceedings , a knowledge of which is absolutely necessary in ...
Page 15
... sufficient only to establish this deposit ; it was also neces- sary to defend it from the usurpation of each in- dividual , who will always endeavour to take away from the mass , not only his own portion , but to encroach on that of ...
... sufficient only to establish this deposit ; it was also neces- sary to defend it from the usurpation of each in- dividual , who will always endeavour to take away from the mass , not only his own portion , but to encroach on that of ...
Page 16
... sufficient to counterbalance the effects of the passions of the individual which oppose the ge- neral good . Neither the power of eloquence nor the sublimest truths are sufficient to restrain , for any length of time , those passions ...
... sufficient to counterbalance the effects of the passions of the individual which oppose the ge- neral good . Neither the power of eloquence nor the sublimest truths are sufficient to restrain , for any length of time , those passions ...
Page 18
... sufficient to engage others to defend it . The aggregate of these , the smallest portions possible , forms the right of punishing ; all that extends beyond this , is abuse , not justice . Observe that by justice I understand nothing ...
... sufficient to engage others to defend it . The aggregate of these , the smallest portions possible , forms the right of punishing ; all that extends beyond this , is abuse , not justice . Observe that by justice I understand nothing ...
Page 30
... sufficient that the wise legislator mark the principal divisions , without disturbing the order , left to crimes of the first degree be as- signed punishments of the last . If there were an exact and universal scale of crimes and punish ...
... sufficient that the wise legislator mark the principal divisions , without disturbing the order , left to crimes of the first degree be as- signed punishments of the last . If there were an exact and universal scale of crimes and punish ...
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Common terms and phrases
accused actions atrocious Augustine de Thou authorised barbarity become bishop of Tours Cardinal Richelieu CHAP ciety circumstances citizen committed common condemned confession consequence consider Constantius Chlorus contradiction contrary Crimes and Punishments criminal cruel cruelty dangerous degree dependent deprived despotism destroy evil example existence extrajudicial fatal favour fear force greater greatest number guilty happiness hath high treason honour human ideas ignorance impressions imprisonment impunity increase individual infamy inflicted injury innocent interest Jesuits judge justice laws legislator less liberty magistrate mankind ment mind misery Montesquieu morality nation nature necessary necessity objects obliged offender opinion pain pardon passions penal laws perjury person political prevent crimes principle Priscillian Priscillianists proofs proportion punishment of death reason religion sensibility sentiments slavery slaves society sovereign suffer sufficient Theodosius things thou throne tion Titus Oates torment torture tribunal truth tyranny tyrants uncertainty useless violation virtue weak witness
Popular passages
Page 148 - It is better to prevent crimes, than to punish them. This is the fundamental principle of good legislation, which is the art of conducting men to the maximum of happiness, and to the minimum of misery, if we may apply this mathematical expression to the good and evil of life.
Page 104 - ... If the passions, or the necessity of war, have taught men to shed the blood of their fellow creatures, the laws; which are intended to moderate the ferocity of mankind, should not increase it by examples of barbarity, the more horrible as this punishment is usually attended with formal pa. geantry. Is it not absurd, that the laws, which detest and punish homicide, should, in order to prevent murder, publicly commit murder themselves...
Page 227 - Thou shalt surely smite the inhabitants of that city with the edge of the sword, destroying it utterly, and all that is therein, and the cattle thereof, with the edge of the sword.
Page 160 - In order for punishment not to be, in every instance, an act of violence of one or of many against a private citizen, it must be essentially public, prompt, necessary, the least possible in the given circumstances, proportionate to the crimes, dictated by the laws.
Page 35 - Of the Division of Crimes. We have proved then, that crimes are to be estimated by the injury done to society. This is one of those palpable truths which though evident to the meanest capacity, yet by a combination of circumstances, are only known to a few thinking men in every nation, and in every age. But opinions, worthy only of the despotism of Asia, and passions, armed with power and authority, have, generally by insensible, and sometimes by violent impressions on the timid credulity of men,...
Page 158 - To show mankind, that crimes are sometimes pardoned, and that punishment is not the necessary consequence, is to nourish the flattering hope of impunity, and is the cause of their considering every punishment inflicted as an act of injustice and oppression.
Page 99 - The death of a criminal is a terrible but momentary spectacle, and therefore a less efficacious method of deterring others than the continued example of a man deprived of his liberty, condemned, as a beast of burden, to repair, by his labour, the injury he has done to society...
Page 52 - ... nothing; or when all the proofs are dependent upon one, the number of proofs neither increase nor diminish the probability of the fact; for the force of the whole is no greater than the force of that which they depend; and if this fails, they all fall to the ground.
Page 23 - There is nothing more dangerous than the common axiom : The spirit of the laws is to be considered. To adopt it is to give way to the torrent of opinions.
Page 47 - The end of punishment, therefore, is no other than to prevent the criminal from doing further injury to society, and to prevent others from committing the like offence.