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<note>Power § 3</note> | <note>Power § 3</note> | ||
<add>and</add> provided the other properties that are to be wished for<lb/> | <add>and</add> provided the other properties that are to be wished for<lb/>under <gap/> of punishment concur, <note>See Princ. of Legisl.<lb/>Ch. 15 [Properties]<lb/></note> there<lb/>is an use in <del><gap/> such puni</del> allotting to each<lb/>offense such punishments as <del>are distinguished</del> <add>stand</add><lb/>with respect to that and other offences of the same<lb/>root, stand distinguished <del>by</del> <add>in point of in respect of</add> their <hi rend="underline">disabling efficacy</hi>.<lb/> | ||
<head>4</head> | <head>4</head> | ||
<note>Instances in the<lb/>case of < | <note>Instances in the<lb/>case of <gap/>Con<lb/>1. Confinement<lb/></note> | ||
<p> | <p>True in this quarter, the policy of the legislator<lb/>so long as it confines itself within the pale of<lb/>utility, has no very extended <add>extensive</add> range. It is on this<lb/>principle however, in part at <del>leas</del> least, that politicians<lb/>justify, <del>the</del> where they undertake to justify,<lb/>the lavish use that in most nations is made of<lb/>the punishment of death: as if forgetting that<lb/>confinement would answer the same purpose.<lb/></p> | ||
<note>2. Death<lb/></note> | <note>2. Death<lb/></note> | ||
<p>It is on the same principle that M. Beccaria, with much better reason, | <p>It is on the same principle that M. Beccaria, <lb/>with much better reason, allows the possible<lb/>expediency of the same punishment in the<lb/>case of state-offences, where faction will sometimes<lb/>hang upon a single life.<lb/></p> | ||
<note>3. Presence <lb/>banishment<lb/></note> | <note>3. Presence <lb/>banishment<lb/></note> | ||
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3
Indirect Legislation
Power § 3
and provided the other properties that are to be wished for
under of punishment concur, See Princ. of Legisl.
Ch. 15 [Properties]
there
is an use in such puni allotting to each
offense such punishments as are distinguished stand
with respect to that and other offences of the same
root, stand distinguished by in point of in respect of their disabling efficacy.
4
Instances in the
case of Con
1. Confinement
True in this quarter, the policy of the legislator
so long as it confines itself within the pale of
utility, has no very extended extensive range. It is on this
principle however, in part at leas least, that politicians
justify, the where they undertake to justify,
the lavish use that in most nations is made of
the punishment of death: as if forgetting that
confinement would answer the same purpose.
2. Death
It is on the same principle that M. Beccaria,
with much better reason, allows the possible
expediency of the same punishment in the
case of state-offences, where faction will sometimes
hang upon a single life.
3. Presence
banishment
In France they have a beautiful punishment,
if such a subject can ever bear such an
epithet. In case of injuries affecting the honour
of the party injured, the offender is sometimes
has been banished from his presence. [Shame,
which the pu crime had yoked to innocence, is
by the punishment drawn into the company of
guilt.]
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