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1
B.II. C.9
Simply restrictive
Presence banishment
Ch. IX
Of simpe restrictive Punishment
Having spo treated of the several punishments which
that restrain a man's the faculty of locomotion faculty
we now proceed to the consideration of such as
restrain their choice of occupation. I call simple by They may be called simply restrictive punishments punishments
which I understand punishment this my and consist in the a simple prohibition of performing any
understand punishment which consists in the the imposing prohibiting a man act
from doing any particular act, (excep expect,
for the present purpose, that of removing from
one place to another)
Upon this occasion it will be necessary to
recurr to the distinction observation made in a form preceding
Chapter† Ch. viz. that all restrains do not operate
as punishments. The Civil Codes and the laws
relating to the Police abound with restrictions which
are not to be considered as do not properly come under the denomination of punishments.
Certain classes of persons are prohibited from selling
drugs of a poisonous quality: Publicans are
forbidden to keep their Houses open after a by on a certain
hour: persons are prohibited from enjoying in
medical practice till they have undergone certain examinations – all these prohibitions are merely indirect
means provisions, well or ill chosen, for preventing
certain classes of offences & other evils, & not punishments.
A simple restrictive punishment is inflicted
when a man is by the proper authority debarred
from the exercise of any power enjoyed by persons
in general, or from the continuing to exercise any
power of which he is in the actual use. If for
the interdiction is applied to the restraining a
man from continuing to carry on some profit
profit seeking employment as for example of
an Att Alehouse keeper or a Hackney Coach owner
is
Identifier: | JB/141/084/002 "JB/" can not be assigned to a declared number type with value 141.
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rationale of punishment |
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richard smith |
[[watermarks::dusautoy & rump 1809 [britannia emblem]]] |
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edward collins |
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1809 |
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48301 |
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