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3
B.2. Ch. 4.
By the fundamental constitution of man's
nature; without anything being done by any one to
produce a change in his situation if left to
himself in a situation in which he is debarred
from exercising the faculty of locomotion
he will in a short time become a prey to
various evils: to the action of various causes producing various
organical pains which sooner or later are
sure to end ultimately in Death.
If duration and neglect be added to imprisonment
it necessarily becomes a Capital
Punishment. Since therefore it is followed
by an infinite variety of evils which the
individual is unable himself to guard against; and
against which precautions must be taken
by others to preserve him. It follows
that to form a just notion of Imprisonment
it must be considered not simply by itself
but in common with different modes and
consequences. We shall then see that
under the same name very different punishments
are may be inflicted. Under a name which
recalls presents to the mind only the idea only the single circumstance
of confinement in a particular place; – Imprisonment
may include every possible evil;
from those which necessarily follow in its train rising
from one degree of rigour to another from one
degree of atrocity to another – till it terminates
in a most cruel death – and this without
any intention being intended by the Legislator; but
Identifier: | JB/141/059/001 "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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059 |
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001 |
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copy/fair copy sheet |
2 |
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recto |
f8 / |
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richard smith |
dusautoy & rump 1809 |
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edward collins |
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1809 |
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48276 |
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