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Ch. 6.
Of the Properties to be given to a lot of Punishment

It has been shewn what rules are
that which ought to be observed in adjusting the proportion between punishment and offence. 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.

I. A Variability.

The first quality desirable in a lot of punishment
is that of being variable in point of quantity,
of being susceptible of more or less degrees both in respect
of intensity and duration.

We have seen that the scale of punishment
should correspond with the scale of offences
of invariable it would be defective either from liable n each particular case to be either excessive or deficient
excess or from : in the first case it
would be unfrugal, in the second inefficacious,
since with respect to so much of the offence
as has no penalty to correspond to it, it is
as if there was were no punishment in the case.

The In respect of intensity the mode of punishment that possess this
property in the most eminent degree is the
are acute corporal punishments: in respect of duration they
Variability in any particular gien mode of punishment,
is va desirable principally as contributing to the simplification
of the penal code.
are much less variable: by special labour unites
both these properties, however when
is variable
at pleasure both in respect of duration and
intensity.* * See ch. B. Ch.

Chronical punishments, such for example
as banishment and imprisonment are divisible

Identifier: | JB/141/023/002
"JB/" can not be assigned to a declared number type with value 141.


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rationale of punishment

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vii subservience to reformation


copy/fair copy sheet

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f8 / f7


richard smith


[[watermarks::[britannia with shield emblem]]]


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Notes public

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