★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
1
Subsidiary Punishment
The physical means of ensuring confinement are
so much more efficacious than [any] moral ones, that
it is a palpable anticlimax in Legislation on to
call in the failure of those to have recourse to these. By
By the Originally Prison-breaking was in this
By the latter moral means the business in many cases can not be done compassed effectually
any expence of punishment:⊞ ⊞ And the cases in which it is most difficult in which it is in a word impossible to compass it are those in which it is of the greatest importance it should be compassed. By physical the former
it may be done with certainty in a manner
without any [such expence]. The only purpose
for When the Gaol is made it is aways maybe
made secure, the only use [remaining] purpose, for which there is for physical
means is are requisite to keep cause the Gaoler to his duty:
now in dealing with the Law the the Gaoler, the
Law will have an interest beyond comparison less
strong forcibly powerful to cope with those in dealing with the Prisoner.
Originally Prison-breaking was in this country a capital
offence the punishment for escaping prison was the same
in every case: so the committment was but in due form of Law, it was capital – let the cause for which
of commitment have been what it would: [so that the
committment were but in due form of Law.]† † Pr. of Pen. Law 185. By a
State of Edw. 2d it was the capital punishment was
restrained to the case where the original offence was capital.
This removed instigated the severity of the antient Law Jurisprudence, but
encreased augmented the absurdity of the antient Law. When The
made Prisoner either is guilty or is not. [If he is] not
guilty he is sure to be punished if he stays. If he
can
Identifier: | JB/159/241/001 "JB/" can not be assigned to a declared number type with value 159.
|
|||
---|---|---|---|
159 |
punishment |
||
241 |
subsidiary punishment |
||
001 |
|||
text sheet |
4 |
||
recto |
f1 / f2 / f3 / f4 |
||
jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
||
caroline vernon |
|||
54064 |
|||