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2
B. Ch.6
be more or less severe. Banishment
may be directed to a genial or ungenial
Clime.
II Equability
A second property intimately
connected with the former may be stiled
equability. It will avail but little that
a mode of punishment (proper in all other
respects) has been established by the
legislature; and that capable of being
screwed up or let down to any degree
that can be required; if after all,
whatever degree of it be pitched upon
that same degree shall be liable
according to circumstances to produce
a very heavy degree of pain, or a very slight
one, or even none at all. An equable
punishment is free from this irregularity
an unequable one is liable to it.
Banishment is far as unequable.
punishment It may either prove a punishment
or not according to the temper, the circumstances age
the rank or the fortune of the individuals.
This is also the case with pecuniary or quasi
pecuniary punishment, when it respects some
particular species of property which the
offender may or may not possess. By the
English law there are several offences which are
punished by a total forfeiture of moveables,
not extending to immoveables. In some cases this
is the principal punishment: in others even the
only one. The consequence is that if a
Identifier: | JB/141/018/001 "JB/" can not be assigned to a declared number type with value 141.
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141 |
rationale of punishment |
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018 |
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001 |
equability |
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copy/fair copy sheet |
2 |
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recto |
f2 / f2 |
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richard smith |
dusautoy & rump 1809 |
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edward collins |
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1809 |
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48235 |
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