JB/141/055/001

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In respect also of a variability then
punishments are scarcely in a less degree defective. The loss of
the Eyes or of the hand is not to a man who can
neither read or write the same degree of punishment as
it would be to a Painter or an Author. Yet however
different may in each instance may be the degree of
suffering produced; by the of evil to which
the infliction of the punishment in question gives birth
all who are subject to it will find themselves more
or less afflicted by it; of these inequalities and
therefore of the aggregate amount of the
punishment in each particular instance it is
impossible to form any Estimate: it depends
by on circumstances, such as the sensibility of the
delinquent, & other circumstances which cannot be foreseen. By a
slothful man the loss of a hand might not be
regarded as a very severe punishment: it
has not been uncommon for men to mutilate or
disable themselves to avoid serving in the
army.

[In point of variability the sound
classes of punishment now before us when taken
considered altogether are not liable to much objection
there is a gradation from more less to less more
which runs through the whole of them. The
loss of one finger is less painful than the loss of
two or of the whole hand; the loss of the hand is
less than the loss of an arm. But when these
punishments are considered singly the gradation
disappears The particular mutilation directed by
the Law can neither be increased or diminished that
it may be accommodated to the different circumstances
of the crime and or of the delinquent This objection recurs
again under the head of Equability - The same nominal punishment
will not always be the same real punishment.

Identifier: | JB/141/055/001 "JB/" can not be assigned to a declared number type with value 141.
Date_1		Marginal Summary Numbering
Box	141	Main Headings	rationale of punishment
Folio number	055	Info in main headings field
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	richard smith	Watermarks	[[watermarks::[britannia with shield emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	48272
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