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11
B.1. Ch.7
Analogy
V
Other sources of Analogy
There are th other sources of analogy, which do
cannot be ranged not as he foregoing, with classes general
classes fall into classes, but which contribute to
facilitate and the imagination in it progress from
the idea of the punishment to the idea of the offence.
In offences relating to the coin, the characteristic
circumstance is that important implement which
is the subject of the fraud. In these cases part of
the punishment may consist in stigmatizing the
delinquent in the more some conspicuous part of hand
his face for example, – with a mark or marks the
resp representing a piece of money. This mark will
require to be of the evanescent kind or the indelible,
according as the Imprisonment (if imprisonment
is be part of the punishment) is temporary or perpetual.
In th some cases the pain of the punishment may be of the
same kind as that whereof the avoidance constituted the profit of the crime. At Amsterdam there is a House
of Correction called the Rasp-House in which are
confined or what is persons guilty of offences said attributed to indolence.
by id the idleness It has been said that
among the different works in which they are employed one
is the being set to pump in a leaky vessel which admits
as much water in a given time as is proportioned or
supposed to be proportioned to the patients power of discharging
it If he can and does discharge it fast enough the labour
is his punishment: if he cannot or does not, the
pain of drowning is his punishment. Whether this mode
of punishment be it is it be employed or not the it is obvious by a mode of punishment
is in that is obvious bears the most rigorous analogy to the offence.
If such a mode were to be employed, the utmost case
must be taken to proportion the power necessary to
be employed to the physical capacity of the delinquent.
In some cases the scene of the offence may furnish
a source of analogy. The Empress Catherine the 2d,
punished a man who had been guilty of some offence
upon the Exchange by condemning him to sweep it during every day for six months
every day of at on which at the time the merchants such were assembled.
Identifier: | JB/141/040/002 "JB/" can not be assigned to a declared number type with value 141.
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