JB/159/013/003

Click Here To Edit Punishment & Restraint. Warburton.

he calls crimes he thinks it right to combat with
more evil than is necessary to repel them; and combating
them in this manner he calls punishing
them. He calls mischiefs such evils as proceed not from
the will: he calls crimes such as do proceed from
the will.

By repelling mischief I must suppose he means
for I know not what else he can mean, preventing
its arising in time future.

If then I understand him right, whenever an act is
involuntary, all the mischief that arises from might otherwise arise
from it he thinks it right should be prevented or
endeavoured to be prevented by so much pain as
is necessary for that purpose: but if involuntary,
then not only so much pain as is necessary for the
above purpose should be employ'd, but more pain should
be inflicted on the author.

Now this mischief that is to be prevented from
arising in time future, must be mischief that might
arise from acts of the like kind with that which
has been done: not from the very act itself. for the mischief resulting from the
very act that has been done is already incurred; nor
can by any means be prevented.

Whenever then pain is inflicted on the author
of an act, productive of mischief, but if the pain be no more
pain than is necessary to prevent the mischief that
might come from future acts of the like kind
this pain his Lordship calls a restraint: and
the act whereby it was inflicted he would deem an
act of restraint. If more the pain than be more than is

Identifier: | JB/159/013/003 "JB/" can not be assigned to a declared number type with value 159.
Date_1		Marginal Summary Numbering
Box	159	Main Headings	punishment
Folio number	013	Info in main headings field	punishment & restraint warburton
Image	003	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f5 / f6 / f7 / f8
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	53836
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