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1
B 1. Ch. 6
Chapter 6
Of the Properties to be given to a lot of Punishment
It has been shewn what has
rules are which ought to be observed in
adjusting the proportion between the
punishment and the offences. The properties
to be given to a lot of punishment in every
instance will of course be such as it stands
in need of, in order to be capable of being
applied in conformity to those rules: the
quality will be regulated by the quantity.
1. Variability
The first quality desirable in
a lot of punishment is the that it be variable variability; that it
be susceptible of degrees both of intensity
and duration.
An invariable punishment in some cannot
be made to correspond to the different degrees
of the scale of punishment, it will be
liable to be err either by excess or defect excessive or deficient
in the first case, it would be too expensive
in the second, inefficacious.
Acute corporeal punishments are extremely
variable in respect of intensity, but not
of duration; penal Labour is variable in both
respects in nearly equal degrees.
Chronic punishments such as
banishment
and imprisonment may be exactly
divided as to their duration, they may also
be varied as to their intensity. A prison may
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