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C
Punishment distinguished & defined.
20.
Punishment defined.
Upon the whole then it seems that Punishment may be
Note.
1st. Not an Act of pure hostility: for it was on account of some
Act that had been done; viz. the imprisoning of Mr. Wilkes.
2. Not an Act of compulsion, for it was not designed as a
means of compelling him to do any thing. The Act of taking money
from a man may require another Act, that is an Act of Compulsion
to be exercised on him in order to make him part
with it, such as an Act of Imprisonment for example or whipping:
but being done at once cannot serve to compel a man
to do any other act. For if done at all it is done instantaneously
it ceases of itself and cannot be protracted so as to be made
to cease only at a future given instant.
3. For the same reason it was not an act of torture; and for
this additional reason, that the pain it was in the nature of
it to produce is not of the corporal kind.
4. It was not an Act of Self-defence: for Self-defence implies
attack; that is implies that there is some person who is actually
using his endeavours to do mischief to the party defending
himself.
Was it an Act of Vengeance, an act of restraint, an Act of prevention
Identifier: | JB/159/033/007 "JB/" can not be assigned to a declared number type with value 159.
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punishment |
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punishment distinguished & defined |
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[[watermarks::myears [lion with crown motif]]] |
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caroline fox |
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