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1823. Novr.
Constitutional Code
1. Take for instance suffering in a pecuniary
shape. In a Civil case, the whole of that property
which the richest man in the nation, be he who
he may, if not the Monarch, has in possession or
expectancy, may in compliance with a demand
called civil, be taken from him, and in compliance
with a demand called penal, nothing more.
2. Imprisonment. In the judgment of many persons,
whose cases are to be found in the history of insolvency,
the suffering produced by imprisonment even for life, has not been
so great as that produced in a man by the loss of the
whole of his property: for, rather than surrender their
respective properties, men have continued in a
state of Imprisonment during the whole of a long
protracted life.
Banishment. The same observation applies alike
to Banishment.
4. Acute corporal suffering. Of the modes and degrees
in which suffering in this shape has in experience
been preferred to pecuniary punishment, the
variety is not very considerable. Between the undergoing
of a judicial whipping, for example, and the
surrender of a part, more or less considerable, of his
property, cases where the option has been given and
embraced, would not perhaps be easily found. But
instances in which, for a consideration much less valuable
than exemption from the loss of a portion,
more or less considerable, of a man's property in
possession, viz. the mere chance of obtaining possession
of a mass of property not greater than the
one already possessed, men have subjected themselves
to a mass of bodily suffering to an indefinite extent, & not unfrequently
terminating in loss of life, are in known abundance.
Witness the case of prize-fighting.
In
Identifier: | JB/055/066/001 "JB/" can not be assigned to a declared number type with value 55.
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Constitutional Code; Procedure Code |
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Constitutional Code |
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