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as the phrase is, will have Blood. Unless a
murderer be punished with death, the
multitude of speculators will seldom bring
themselves to think that the rules of justice
are pursued.
The examination of this mode of punishment
might be extended much further,
but to what purpose? since their there is
one very important & insurmountable objection to which to a great extent
in a very numerous cases it is beyond exposed
applies to this mode of punishment, viz
that in being in such cases it is physically impracticable. This mode of punishment
is however liable to a
variety of objections, and
there is one which so far
as it applies conclusive
against its adoption.
In a great variety of
cases it is physically
inapplicable. Without descending far into details
it will be sufficient to mention a few instances
by way of example. In the first place, it is
absolutely inapplicable to all offences of a
merely public nature, for of such offences the
characteristic is to trust injure not even a particular assignable
individual, but the public in general.
If a man has been guilty of high treason, or
been engaged in treasonable correspondence
with hi an enemy, or has from cowardice
abandoned a post he had been employ with
the defence of which he had been entrusted
has would it be practicable to do to him
in kind the injury mischief he had done
or had attempted to do?
It is equally inapplicable to offences to
done against the of case of semi-public offences
– to offences done against a neighbourhood.
As if the offence were the setting fire to a Town
& the punishment were to consist in being
himself burning the incendiary this would be to punishing him
not as for an offence of this class, but
as for an offence of destroying an individual
by fire. In these cases moreover the danger
evil
Identifier: | JB/141/042/002 "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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042 |
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002 |
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copy/fair copy sheet |
2 |
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recto |
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richard smith |
dusautoy & rump 1809 |
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edward collins |
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1809 |
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48259 |
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