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<head>C<lb/> | |||
<!-- Pencil heading -->Punishment distinguished & defined.</head> | |||
<p>Act of mere restraint, which in one sense is an Act of<lb/> | |||
prevention [of mere physical compulsion] of taxation or<lb/> | |||
other Act whereby a burthen is imposed, of Self-preservation,<lb/> | |||
and of Self-defence in that all these cases<lb/> | |||
the pain that is produced is either not at all the Object<lb/> | |||
of the intention, or only obliquely: in an Act of punishment<lb/> | |||
it is a direct object of the intention. In all those<lb/> | |||
other Cases suppose the pain away and the respective<lb/> | |||
effects of the several Acts may be nevertheless obtained. In<lb/> | |||
the case of punishment it is the pain itself that is the<lb/> | |||
effect proposed to be attained, and either no other, or no<lb/> | |||
other but what is attained by means of it.</p> | |||
<p>It differs from an Act of Torture in that it is essential<lb/> | |||
to the former that it be done on account of some<lb/> | |||
past Act or omission of the party suffering: to the latter<lb/> | |||
that it be done on account of some future Act, which<lb/> | |||
done the former Act is made to cease.</p> | |||
It differs from an Act of Compensation; in that by the <add>former</add></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
C
Punishment distinguished & defined.
Act of mere restraint, which in one sense is an Act of
prevention [of mere physical compulsion] of taxation or
other Act whereby a burthen is imposed, of Self-preservation,
and of Self-defence in that all these cases
the pain that is produced is either not at all the Object
of the intention, or only obliquely: in an Act of punishment
it is a direct object of the intention. In all those
other Cases suppose the pain away and the respective
effects of the several Acts may be nevertheless obtained. In
the case of punishment it is the pain itself that is the
effect proposed to be attained, and either no other, or no
other but what is attained by means of it.
It differs from an Act of Torture in that it is essential
to the former that it be done on account of some
past Act or omission of the party suffering: to the latter
that it be done on account of some future Act, which
done the former Act is made to cease.
It differs from an Act of Compensation; in that by the former
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Identifier: | JB/159/033/005"JB/" can not be assigned to a declared number type with value 159. |
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159 |
punishment |
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033 |
punishment distinguished & defined |
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005 |
note |
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copy/fair copy sheet |
4 |
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recto |
f13 / f14 / f15 / f16 |
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[[watermarks::myears [lion with crown motif]]] |
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caroline fox |
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53856 |
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