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however different may in each instance be the degree of punishment suffering
produced, yet in in the mass 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 affected by it; of these
inequalities and therefor of the aggregate amount of the
punishment in each particular instance it is
impossible to form any estimate: it is occasioned
by circumstances, such as the sensibility of
the delinquent, which it is an unforeseeable
cannot be foreseen. By a slothful man, the
loss of a hand might not be regarded as a
very very severe punishment: it is not uncommon
for men to mutilate or disable themselves
to avoid serving in the army.

In point of variability the whole mass several classes of punishment
now before us are when taken together
not liable to much objection: from the lowest to
the highest runs a scale that admits of no
seve very considerable variety of degrees in general: the loss
of one a single finger produces a less degree of suffering will be less penal
than the loss of two or of the hand; the loss of
the hand less than that of the arm. But where each of these species of punishment comes to
be considered by itself, the property of variety
variability vanishes will be found no longer
to exist. The law ordains that for a certified
specified offence, a certain specified member
shall be amputated: here then is end an end of
of variability – no regard can be paid to the
circumstances of the offender or to the aggravating
or extentiating circumstances with which the
commission of the offence may have been attended.
This objection belongs however rather to the head of
inequality – the same nominal punishment is
not the same real punishment.

Identifier: | JB/141/058/002
"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

chapter 4 imprisonment





copy/fair copy sheet

Number of Pages




Page Numbering

f1 / f3


richard smith


dusautoy & rump 1809


Paper Producer

edward collins


Paper Produced in Year


Notes public

ID Number


Box Contents

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