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with respect to duration, divisible with the
utmost minuteness: their intensity is also
variable, but not in an equal degree nor with
equal certainty. Simple Imprisonment may
be rendered more or less severe: so may
banishment: the being sent exiled to Siberia is to some
at least more penal than the the being sent to
a more genial clime.

II. Equability

It will be of very little importance to have use to devise
established that a mode of punishment that
shall be most susceptible of variation in point
of intensity quantity, if at the same time it be not of
a nature to operate upon different individuals
with the same intensity, if
it be not of such
a nature as that the same any given quantity
of it shall be operate upon different individuals
with the same force. The quantity of pain
Perfect certainty supposes perfect equality
– that in respect of all persons exposed to punishment their
station in life and moral sensibility shall
be capable of being so accurately measured as that
if not the same a given punishment may be found preappointed shall be
invariably cor produce a given effect. Such a
& The endeavouring
The giving such a degree
of perfection as this, to the penal code is evidently
impracticable: neither is it necessary. All than
can be done is to avoid. The quantity of pain
produce by the punishment will, it is true, in each particular case, depend
in a considerable degree upon circumstances distinct
from the nature of the punishment itself: – upon
the condition which the offender is in with respect
to the circumstances by which a mans sensibility
is lost liable to be influenced.

Banishment, is for example, is a mode of punishment
liable to apt to be extremely unequal. To one man

Identifier: | JB/141/024/002
"JB/" can not be assigned to a declared number type with value 141.


Marginal Summary Numbering



Main Headings

rationale of punishment

Folio number


Info in main headings field




viii efficacy with respect to disablement


copy/fair copy sheet

Number of Pages




Page Numbering

f9 / f2


richard smith


dusautoy & rump 1809


Paper Producer

edward collins


Paper Produced in Year


Notes public

ID Number


Box Contents

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