JB/141/132/003

Click Here To Edit

Of Subsidiary Punishment

this cause does not necessarily produce it's effect: it
does not render the punishment of the man necessarily dependent
upon his will: for he may be taken and punished
in spite of his wishes and endeavours to prevent
it; which when a man does suffer any of these
punishments, especially Death and those other acute
and heavy punishments, is generally the case. In this case
the only resource is in Forfeitures, upon the contingency
of a mans having any thing to forfeit
that is within reach of Justice: or in the punishment in punishments in abenum personam
of those whose feelings are connected with his own by sympathy.

From the differences above remarked in [whatexpecting
may be] the cause of failure in the punishment
first-designed results a difference in what ought to be the quantity
of the subsidiary punishment, concerning which we
may lay down the following rules.

Rule 1st Where inability alone is manifestly the only the cause of failure, the
subsidiary punishment should should be neither greater
nor less than that which was first designed. For
no reason can be given why it should be either less
or greater.

Rule 2d. Where want of will ismanifestly the only the cause of failure
the subsidiary punishment ought to be [considerably]
greater than that which was first-designed.
For the punishment first-designed is that which by
the supposition is thought the best: to determine the
delinquent than to submitt to this theref in preference to the
other, there is but one way which is to make that other [punishment] the
greater.

---page break---

Identifier: | JB/141/132/003 "JB/" can not be assigned to a declared number type with value 141.
Date_1		Marginal Summary Numbering
Box	141	Main Headings	rationale of punishment
Folio number	132	Info in main headings field	book 6 ch. 2 of subsidiary punishments
Image	003	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f1 / f2 / f3 / f4
Penner	jeremy bentham	Watermarks	[[watermarks::l v g propatria [britannia motif]]]
Marginals		Paper Producer	caroline vernon
Corrections		Paper Produced in Year
Notes public		ID Number	48349
Box Contents