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1
B.2. Ch.9.
Chapter 9.
Of Simply restrictive Punishments
Having now considered the several
punishments which restrain the faculty of
locomotion we proceed to the consideration
of those which restrain the choice of occupations.
These may be called simply restrictive punishments
and consist in a simple prohibition of performing
certain acts.
Upon this occasion we may recur to
a distinction already explained betw which exists
between Restraint and Punishment. The
Civil Code and Police Code are full of restrictions restraints
Laws which are not punishments. Certain Individuals
are prohibited restrained prohibited from selling poisons. Inn Keepers
are prohibited from keeping their Houses open after
a certain hour. Persons are prohibited from exercising
the professions of medicine or of the Law without
having passed through certain lower grades examinations.
Simply restrictive punishments consist
in the preventing an individual from enjoying a
common right, or a right which he had possessed
before. If the prohibition has respects a gain lucrative
occupation as for examples the licence of non if for example an
Innkeeper or a Hackney Coachman there are is
pecuniary punishments deprived of his Licence the prohibition acts
as a pecuniary punishment in its nature
very inequable and bothunfrugal. If a
man is deprived of the means of earning his
subsistence, he must still be supported by someone
and the punishment therefore falls not upon the
individual alone but upon others whom it was not
intended to affect.
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