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3
Imprisonment exd
Among the cases in which imprisonment is subject to operate unequally
is liable to want of equability there is one in
which it is peculiarly exposed to this defect.
If a writer by profession be deprived of ink & paper
it would have the effect of depriving him of his
livelyhood: & with respect to other men persons in general the
severity of it would be apt to vary very considerably
from the occasion they may have to write in the way
of business & the satisfaction they he may take in
it in the way of mere amusement. The bulk
of the people not being susceptible of it this alone
seems a sufficient reason for rejecting it in the way
of punishment. Why should a man be punished the
more for being a scholar? It ought on the contrary
be suffered be considered as a claim to indulgence: for the sensibility
to punishment in general being encreased by
education the severity of imprisonment is felt
more severely by the man of cultivated mind
than by the vulgar and uninformed.
What is however true is that however unequal
the punishment of imprisonment may operate
to a certain extent it operates upon all. Nobody
is altogether unaffected by privation of liberty
the interruption of his habits of life and particularly
his social habits.
4. Variability. In respect of duration this species
of punishment admits of all possible degrees: in respect
of severity also it is susceptible of variable
variation to an extent nearly equal.
5. Exemplarity. In respect of exemplarity, under
the actual metho system of imprisonment, the
advantages of possessed by this mode of punishment are
very trifling inconsiderable. In the Panopticon
Identifier: | JB/141/068/004 "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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068 |
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004 |
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copy/fair copy sheet |
4 |
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recto |
f11 / f4 / f12 / f3 |
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richard smith |
dusautoy & rump 1809 |
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edward collins |
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1809 |
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48285 |
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