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Punishment distinguished and defined
Punishment X Restraint — Warburton

NOTE continued.

that, according to his Lordship are punishments there are two articles that are the
same: to wit banishing and not tolerating. The seeming
contradiction involved in these two accounts is not however
a real one. They will may easily be reconciled by means
of the distinct principles laid down in the preceding
chapter. An act Banishment for instance I mean an act of banishment may be a punishment,
I mean an act of punishment, or not according
to the intention with which it was applied. If
it be intended to produce it's effect by means of the
pain suffer'd by the persons banished, it is a punishment.
If it is intended to produce it's effect by
such pain but simply by their removal of the persons
banished, it is then an act of restraint only, and not
an act of punishment. That the same act may be
an act of punishment or an act restraint and
not an act of punishment according to circumstances his Lordship having plainly
understood and expressed asserted. His mistakes consist 1.
in the not giving a right statement of these circumstances;
2dly in the act of deriving from this verbal &speculative
distinction a practical conclusion which it does
not warrant.

1. An act of restraint punishment he says
is that any act which produces more pain than what is
necessary to lay effect the purpose repel the evil: the party punished under restraint
an act of restraint for any act which inflicts just so much
pain as is necessary for that purpose and no more. But the fact is
that an act of restraint may produce more evil than
is necessary to effect the purpose of restraining, and even
be seen by the operator so to do, and yet be but an act
of restraint: in the next place an act that the producing no

Identifier: | JB/159/015/001
"JB/" can not be assigned to a declared number type with value 159.


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punishment distinguished and defined punishment & restraint - warburton




note continued


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f13 / f14 / f15 / f16


jeremy bentham


[[watermarks::w [britannia with shield emblem]]]


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