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PUNISHMENT RAPE Castr.
It has this excellent property in a Punishment
that it appears to be greater than it is; and as since it is always from the apparent magnitude only
of a punishment, that its influence is to be measured, here is a clear gain on the
side of efficacy without any correspondent loss on the side of suffering
Men: every day undergo daily voluntarily a thousand worse punishments operations for
the sake of life: in this very one in particular.
As it's effects will be very
visible & permanent, there
is no occasion for
the operation's being
performed in
Public
which
will
cut off
the occasion
of that
commiseration
which
might
have
invert reflect
the stream
of popular
indignation
against the
Law.
Certificate to
be signed by the
Surgeon who
should perform it
together with
three 2 others.
It would be an extension
as have his already numerous occasions to observe
& a fatal error to conclude
that this punishment
was inadequate, because
the severer punishment
of Death has since
been annexed, without
overcoming it altogether —
While
the manners
of the people
were so ,
& protector
to be
amongst
the great
for every
crime, to
say nothing
of those
other
which
were
yet
outside
though
in an
inferior
degree
to the
course of
Justice, any
other punishment
however great
have been found, one
may almost venture
to say equally
inefficacious
The loss of eyes which accompanied it was evidently capricious
as the Author before — one law atrocious in itself well observed, superfluous & indefensible when attended by the other to say
& helpless Burthen upon the State — without over & above those superior disadvantages — thing of it's atrocity so to be insisted are it was egregiously unoeconomical, without necessite vise
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The Spring on which alone they act they act upon is wanting
No human Law can stop a stone
in it's course to crush a passenger by its fall
A Rule which if they had observed as well in regard to its application
the quantity of punishment particular crimes & punishments as they have to Crimes in general
The Science would have wanted very little of its perfection.
There are instances in which we may yet profit in returning back to
take a Lesson of our rude ancestors.
Punishment of Castration for Rape
The intimacy of the Relation between the Punishment
& the Crime could never for a moment suffer the former to be
out of time This must strike the Criminal
more than any other Crime Punishment Wm Rufus punishedes this Crime with
Castration & loss of Ears [1st Hume]
Time for the benefit of the sufferer & as to the
thing & the quantum at the direction of the Judges
Not option of Marriage on account of the temptation
Divorce — half of the Criminals goods to go
his Wife if no Children — if Children two thirds.
In proportion as the passion was strong, the terror of losing for ever the means of gratifying it would be intense
& by the most apposite Mechanism The retarding impulse would rise increase in force, in exact proportion with the impelling.
And in the mean time till opp one can jumping down a precipice
let our make our sacrifices part of of our reputation for Judgment, a sacrifice which much more useful than the other, not always
so much less difficult as may be imagined — a for which neither
in pure loss, while when is required in the sense of it: a consequ an equivalent
consequences, where it is made with a good grace. The Public perceive too well the
difficulty of such an not to reward it with a proportional .
And it will them less to these, who have the amplitude of their which can
bear without ... the loss a particular .
Tis with these Sentiments, that & investure &c
And happy the Public I myself through that reflection
if emulation cooperating with the Love of Truth
should stir up stimulate ... to the detraction
of errors which might otherwise lie dormant.
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Incapacitated only from exercising that function only
which he had abused his other faculties remaining as before his old Life would still
be a more eligible event an event more eligible beyond comparison both to himself &
to his country than his death: + + Witness those whom their own parents voluntary choice determined by the hopes of in an elegant accomplishment & the gain that attends has reduced to a similar situation.
It is true the punishment proposed is such as the appetite would in great measure
be extirpated the appetite along with the means of gratification
& consequently the capacity of suffering from
the want of them: but this is (what
the class of the people among whom this criminals thus
offending are found would no more
attend consider to than they do the insensibility
which takes away all.
the pain of the operation:
& which if attended
to would therefore — which never fails
take away all the failing
terms. A
less share of Philosophy
then would
dispose their minds
to be
influenced
by these
subtile
distractions considerations would teach them with effecticacy to refrain from a gratifyingication a passion to be purchased
by one of the most heinous of crimes of which a little patience would afford them
so many opportunities of gratifying without any.
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Identifier: | JB/096/106/001 "JB/" can not be assigned to a declared number type with value 96.
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096 |
legislation |
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106 |
introd. laws civil & criminal all laws penal |
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001 |
punishment |
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text sheet |
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recto |
f8 / |
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jeremy bentham |
[[watermarks::[gr with crown] [britannia with shield motif]]] |
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31110 |
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