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Click Here To Edit 13 Punishment distinguished and defined
-duced, and the act is said to be an act of exemplary punishment
or an act of coercion whereby punishment is inflicted for the sake of
for example. Now the influence which it is
intended to exert over must be either of the
positive or of the negative kind:- tending to induce
a man either to do the act in question
or to abstain from it. In the former
of these cases the act of coercion is stiled an
act of compulsion or constraint: in the latter,
an act of restraint. It is stiled an act of
prevention when the time at which it is sup
apprehended the act from which it is meant
the party should be restrained will take place if the restraint
should prove ineffectual, is at some
distance.
The means With regard to positive acts, the
means whereby a many man is induced
to perform an act may be either physical
or moral.psychological: When moral, physical such means
or has been said are not to be spoken of under of the name of
punishment. Evil may indeed be produced
by them; [+] but the act whereby the evil it is produced [+] and in point of such evil
deserves consideration
just as much as
if it were produced
in the way of punishment.
In point
of language however
is not to be looked uponspoken of as an act of punishment
When moralpsychological, they may either be of the pleasurable
painful kind or the pleasurable. It is only when
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