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7
B 2 Ch.10.
This distinction between specific
and indiscriminate Servitude may be
illustrated by two examples derived from the
English Law.
The Example of specific punishment
is afforded by the Statute which directs the
employment of certain malefactors on board
the Hulks, in improving the navigation of
the Thames. The Statute determines the
kind of Labour, and the subsidiary
punishments by which it is to be enforced.
The example of indeterminate Indiscriminate servitude is part of
the punishment by inflicted by our laws under the name of transportation. This
servitude is sometimes limited as to its duration
but is without limitation and without restriction
in respect of the services which may be
required.
All these kinds of labour whether
indiscriminate or specific require as a necessary
accompaniment that the individual should
be upon that spot where the business is to be done.
Some import Imprisonment. All of them
import restraint upon occupations, to wit upon
all occupations incompatible with those in
which they constrain a man to employ himself.
The degree of this restraint is in a manner
indefinite. To lay a man therefore under a
particular constraint of any kind is for that
time to lay him under an almost universal restraint.
The clear value then of the pleasure which a
man loses by being compelled to any particular occupation,
is equal to that of whi the greatest of all the pleasures
which, had it not been for the compulsion he might have
procured for himself.
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