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C Of Forfeiture of Reputation.
have already had occasion to explain discuss in treating of the moral
sanction of which it forms the substance. from which it derives its origin All that remains
for us to do in this place is to state the various contrivances
by which the political sanction magistrate has gone about to modify
its
Note.
part of it be derived immediately out of persons, it is derived out of the services
of a few persons and those persons (and very frequently the those services
due from each person) determinate and certain. But a man's reputation
is derived immediately out of persons: out of the
services of persons; out of any services of any persons whatsoever: out of the
services of as many persons be they who they may as choose to render yield
him any. This is a stock which the political magistrate can never
perhaps by any one operation nor indeed by any number of operations
of any kind be certain of exhausting: much leſs by any such
at least in particular not by that vaguest vague and feeble operations as those are by which an offender is commonly understood to have been made to incur the forfeiture of reputation, that is the punishment of infamy.
If there be it is that punishment that which, if the vulgar tradition
is to be depended upon was inflicted by Rich. III on Jane Shore: the direct
prohibiting of all persons from rendering to the offender any kind of service.
But this is but in other words the punishment of starving. The same punishment
has sometimes been denounced in other countries where being strictly executed it has
been as it could not but be attended with that effect.
Qu. of the Allegiances. See
Rapin (Montford)
See Watson's Phil, 2d
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rationale of punishment |
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forfeiture of reputation |
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