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The Chinese penal code of 1647 is probably the nearest approach to Beccarias conception, and nothing is more marvellous than the precision with which it apportions punishments to every shade of crime, leaving no conceivable offence, of commission or[86] omission, without its exact number of bamboo strokes, its exact pecuniary penalty, or its exact term or distance of banishment. It is impossible in this code to conceive any discretion or room for doubt left to the judicial officers beyond the discovery of the fact of an alleged crime. But what is practicable in one country is practicable in another; so that the charge so often urged against thus eliminating judicial discretion, that it is fair in theory but impossible in practice, finds itself at direct issue with the facts of actual life.CHAPTER I. BECCARIAS LIFE AND CHARACTER.このページの先頭です
ONE: There are some crimes which, are at the same time frequent in society and yet difficult to prove, as adultery, pederasty, infanticide.
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ONE:CHAPTER III. THE INFLUENCE OF BECCARIA IN ENGLAND.
ここから本文です
TWO:But the man who sees in prospect a great number of years, or perhaps the whole of his life, to be passed in servitude and suffering before the eyes of fellow-citizens with whom he is living in freedom and friendship, the slave of those laws which had once protected him, makes a useful comparison of all these circumstances with the uncertain result of his crimes and with the shortness of the time for which he would enjoy their fruits. The ever present example of those whom he actually sees the victims of their own imprudence, impresses him much more strongly than the sight of a punishment which hardens rather than corrects him.

当社は昭和13年の設立以来、つねに時代のニーズに即した製品をめざし、新技術?新製品の開発を重ねてきました。 中でもアルコール蒸留技術は、国内業界のパイオニアとして目覚ましい成長発展を遂げ、80年にわたる実績を築きあげました。そして今、その歴史によって培われた経験と技術力は化学?食品?薬品?産業機械など、幅広い分野で生かされています。今後はさらに新時代に向けた技術革新を積極的に進めると同時に、新分野の開拓にも意欲的に取組み、一層の発展を図っていきます。

社名 日本化学機械製造株式会社
（英文名称 Japan Chemical Engineering & Machinery Co., Ltd.）
代表者 取締役会長　高橋 正一
取締役社長　髙橋 一雅
所在地

〈本社?工場〉

〒532-0031　
大阪市淀川区加島4丁目6番23号

営業部
TEL.06-6308-3885FAX.06-6306-2627
技術部?設計部?工事部
TEL.06-6308-3891FAX.06-6306-0136
総務部
TEL.06-6308-3881 (代表)FAX.06-6306-2384
調達部
TEL.06-6308-3910FAX.06-6306-2384
海外事業部
TEL.06-6308-3887FAX.06-6306-2384
低温機器事業部
TEL.06-6308-3889FAX.06-6308-3890
製造部
TEL.06-6308-3894FAX.06-6308-3767
品質保証室
TEL.06-6308-3880FAX.06-6308-3896
開発技術室
TEL.06-6308-3895FAX.06-6838-3092
〈東京支店〉

〒104-0031　
東京都中央区京橋1丁目6番12号(京橋イーサスビル5階)

TEL.03-3567-8101FAX.03-3567-8104

〈滋賀工場〉

〒520-3213　
滋賀県湖南市大池町7番地1

TEL.0748-75-2131FAX.0748-75-2134

〈南山田工場〉

〒520-3252　
滋賀県湖南市岩根字南山田1662番5

TEL.0748-72-3007FAX.0748-72-3008
設立 昭和13年10月31日
資本金 2億7千5百万円
事業内容 化学機械?化学装置、燃焼装置、超低温液化ガス機器の設計、製作、販売
当社の特色
■ 小回りのきく化学工場のプラント?エンジニアリングメーカー
化学装置の設計?機器の調達?製作?建設工事、試運転迄一貫して責任施工
■ 各種耐食材料の加工
ステンレス?銅?チタニウム?ニッケル?モネル?ハステロイなど
■ 高圧機器の製作
汽罐ならびに特殊汽罐認可工場（圧力10MPa迄）ボイラーならびに第一種圧力容器認可工場（圧力10MPa迄）
高圧ガス保安法（特定設備検査規則）に基づく各種圧力容器
■ 高真空?超低温機器の製作
1.3×10-3Pa、－268℃機器
■ 製缶加工?検査設備完備
製缶加工に必要な諸機械?自動溶接機をはじめ検査諸設備を完備しており、全作業を一貫して能率的に加工可能
従業員数 160人（2019年4月現在）
年間売上高 6,119百万円（2019年4月決算）
取引銀行 りそな銀行堂島支店 　三井住友銀行十三支店 　池田泉州銀行庄内支店　
関西みらい銀行十三支店 　滋賀銀行新大阪支店 　三菱UFJ銀行梅田中央支店
許可登録 特定建設業許可　国土交通大臣許可（特27）第5208号
一級建築士事務所　大阪府知事登録(ロ)第24084号
その他の認可?承認?認定の詳細はこちら
取得
マネジメント
システム
〈品質マネジメントシステム〉
認証規格
ISO 9001：2015　/　JIS　Q9001:2015
登録番号
99QR?154
〈環境マネジメントシステム〉
認証規格
エコアクション21：2017
登録番号
0002822
TWO:The greatest effect that any punishment has upon the human mind is not to be measured by its intensity but by its duration, for our sensibility is more easily and permanently affected by very slight but repeated impressions than by a strong but brief shock. Habit holds universal sway over every sentient being, and as we speak and walk and satisfy our needs by its aid, so moral ideas only stamp themselves on our mind by long and repeated impressions. It is not the terrible yet brief sight of a criminals death, but the long and painful example of a man deprived of[172] his liberty, who, having become as it were a beast of burthen, repays with his toil the society he has offended, which is the strongest restraint from crimes. Far more potent than the fear of death, which men ever have before their eyes in the remote distance, is the thought, so efficacious from its constant recurrence: I myself shall be reduced to as long and miserable a condition if I commit similar misdeeds.

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But why does this crime never entail disgrace upon its author, seeing that it is a theft against the prince, and consequently against the nation? I answer, that offences which men do not consider can be committed against themselves do not interest them enough to produce public indignation against their perpetrator. Smuggling is an offence of this character. Men in general, on whom remote consequences make very feeble impressions, do not perceive the harm that smuggling can do them, nay, often they enjoy a present advantage from it. They only perceive the injury done to the sovereign; they are not interested, therefore, in withdrawing their favour from a smuggler as much as they are in doing so from a man who commits a theft in private life, who forges a signature, or brings upon them other evils. The principle is self-evident, that every sensitive being only interests himself in the evils which he knows. This crime arises from the law itself; since the benefit it promises increases with the increase of the import duty, and therefore the temptation and the facility of committing it increases with the circumference of territory to be guarded and the small size of the prohibited wares. The penalty of losing both the prohibited goods, and whatever effects are found with them, is most just; but its efficacy will be greater in proportion as the import duty is lower, because men only incur risks relative to the advantage derivable from the prosperous issue of their undertaking.Whoever, therefore, shall wish to honour me with his criticisms, I would have begin with a thorough comprehension of the purpose of my worka purpose which, so far from diminishing legitimate authority, will serve to increase it, if opinion can effect more over mens minds than force, and if the mildness and humanity of the government shall justify it in the eyes of all men. The ill-conceived criticisms that have been published against this book are founded on confused notions, and compel me to interrupt for a moment the arguments I was addressing to my enlightened readers, in order to close once for all every door against the misapprehensions of timid bigotry or against the calumnies of malice and envy.Among other abuses of grammar, which have no slight influence on human affairs, that one is notable which makes the evidence of a condemned criminal null and void. He is dead civilly say gravely the peripatetic lawyers, and a dead man is incapable of any action. In support of this silly metaphor many[139] victims have been sacrificed, and it has very often been disputed with all seriousness whether the truth should not yield to judicial formulas. Provided that the testimony of a condemned criminal does not go to the extent of stopping the course of justice, why should not a fitting period be allowed, even after condemnation, both to the extreme wretchedness of the criminal and to the interests of truth, so that, by his adducing fresh matter to alter the complexion of the fact, he may justify himself or others in a new trial? Forms and ceremonies are necessary in the administration of justice, because they leave nothing to the free will of the administrator; because they give the people an idea of a justice which is not tumultuary and self-interested, but steadfast and regular; and because men, the slaves of habit and imitation, are more influenced by their feelings than by arguments. But such forms can never without fatal danger be so firmly fixed by the laws as to be injurious to truth, which from being either too simple or two complex needs some external pomp to conciliate the ignorant populace.The year before its publication 51 malefactors were executed in London, the year after 97, whilst not long afterwards was seen the rare spectacle of nearly 20 criminals hung at a time. Romilly was so much shocked at what he considered the folly and inhumanity of Madans book that he wrote a short tract of observations upon it, of which he sent a copy to each of the judges. But it is characteristic of the feeling of that time that only a hundred copies of his tract were sold. It was, however, from that time that Romilly began to make the criminal law his special study, so that to Madan indirectly our country owes the efforts of Romilly.When Beccaria wrote against capital punishment, one great argument against its abolition was its practical universality. It had been abolished in ancient Egypt by king Sabaco,[28] in the best period of the Roman Republics by the Porcian law, and in the time of the Roman Empire by Calo-Johannes.[29] But these cases were too remote from modern times to lend much weight to the general argument. At that time Russia alone of all the countries in the world[44] had, from the accession of the Empress Elizabeth, afforded a practical example of the fact, that the general security of life is not diminished by the withdrawal of the protection of capital punishment. But since that time this truth has become less and less a theory or speculation, and it now rests on the positive experience of no inconsiderable portion of the world. In Tuscany, Holland, Portugal, Russia, Roumania, Saxony, Prussia, Belgium, and in ten of the United States of America, the death penalty has either been abolished or discontinued; and can it be thought that the people of those countries are so indifferent to the safety of their lives as to be content with a less efficient legal protection than is vouchsafed in countries where the protection is death?Analogy between crime and punishment is another idea which, except in the case of death for death, has been relegated from the practice of most criminal laws. Yet the principle has in its favour the authority of Moses, the authority of the whole world and of all time, that punishment should, if possible, resemble the crime it punishes in kind; so that a man who blinds another should be blinded himself, he who disfigures another be disfigured himself. Thus in the old-world mythology, Theseus and Hercules inflict on the evil powers they conquer the same cruelties their victims were famous for; Termenus having his skull broken because with his own skull he broke the heads of others; and Busiris, who sacrificed others, being himself sacrificed in his turn. Both Montesquieu and Beccaria also advocate analogy in punishment, and so does Bentham to some degree; there being, indeed, few greater contrasts between the theories of the great English jurist and modern English practice than that the former should not have deprecated some suffering by burning as a penalty analogous to the crime of arson, and that he should have advised the transfixing of a forgers hand or of a calumniators tongue[79] by an iron instrument before the public gaze as good and efficient punishments for forgery and slander.
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