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<p><!-- pencil -->6</p>
<note>6</note><lb/>
<p><del>It would <add>be</add> <gap/> desirable <add>what we are taken to <gap/></add> that the <add><gap/></add> skilful
<lb/>
physician <gap/> would take upon himself to<lb/>
<del><gap/><gap/><gap/><gap/><lb/>
the occurrence the more or greater degree of effects</del> <add>For this branch of penal law a work very much wanted is an<lb/>
It would <hi rend="superscript">be</hi> <gap/><gap/><gap/><gap/> that <gap/> <hi rend="superscript"><gap/></hi> <gap/><lb/>
examination of the effects</add> in respect of the degree of suffering produced<lb/>
<gap/><gap/><gap/><gap/><gap/><gap/><gap/><gap/><gap/><lb/></del>
by them, <del>that can</del> <add>that are liable to be</add> occasioned by the <del>mo</del> employment<lb/>
For this branch of penal law a work very much wanted is an<lb/>
of the usual modifications of this<lb/>
<del><gap/><gap/><gap/>more or greater degree of effects </del><lb/>
species of punishment the bruises that <del>are<lb/>
examination of the effects<lb/>
produced</del> are made by <del>the</del> blows from a stick,<lb/>
in what of the degree of suffering produced<lb/>
the lacerations made by whips &amp;c. In Turkey<lb/>
by them, <hi rend="superscript">that are liable to be</hi> <del><gap/><gap/></del> occasioned by the <del>mo</del> employment<lb/>
of the usual <gap/> of this<lb/>
species of punishment - the bruises that <del>are</del> <lb/>
<del>produced</del> are made by <del>the</del> blows from a stick<lb/>
the lacerations made by whips <unclear>be</unclear>. In Turkey<lb/>
the part to which the blows are applied is the<lb/>
the part to which the blows are applied is the<lb/>
soles of the feet - the acuteness of the pain is it<lb/>
soles of the feet the acuteness of the pain is it<lb/>
more or less intense than when a blow of the<lb/>
more or less intense than when a blow of the<lb/>
same force is applied to other parts of the body?<lb/>
same force is applied to other parts of the body?<lb/>
of this I am ignorant. It is perhaps from some<lb/>
Of this I am ignorant. It is perhaps from some<lb/>
<del>sense</del> <hi rend="superscript">notion</hi> of modesty that the Turks <del><gap/> not <gap/></del><lb/>
<del>sense</del> <add>notion</add> of modesty that the Turks <del>do not apply</del><lb/>
<gap/> confined the <hi rend="superscript">application of the</hi> punishments to <unclear>the</unclear> part of<lb/>
have confined the <add>application of the</add> punishments to this part of<lb/>
the human body.<lb/>
the human body.</p>
<lb/>
<p><del>If this</del> <add>Were the infliction of the punishment <del>in question</del> sort of</add> <del>were applied in such a<lb/>
<del><gap/><gap/></del> <hi rend="superscript">Were the infliction of the</hi> punishment <hi rend="superscript"><del>in question</del> some of</hi> <del>were applied in such a</del><lb/>
manner as not to produce any</del> <add>in question attended with</add> only a slight<lb/>
<del>manner as <gap/> to <gap/> any</del> <hi rend="superscript">in question <gap/> with</hi> only a slight<lb/>
degree of pain, not extending <add>for example</add> beyond the time during<lb/>
degree of pain, not extending <hi rend="superscript">for example</hi> beyond the time during<lb/>
which the instrument is applied, it would <del>neither <add>not</add><lb/>
which the instrument is applied, it would <hi rend="superscript"><del>more</del></hi> <del>rather</del><lb/>
be sufficiently exemplary</del> <add>scarcely</add> serve <del>in the way of</del> <add>as an efficient</add><lb/>
<del>be sufficiently exemplary</del> <hi rend="superscript">scarcely</hi> <gap/> <del>in the way of</del> <hi rend="superscript">as an efficient</hi><lb/>
example to the bystanders nor <del>serve the internal</del> <add>therefore <del>contribute</del></add><lb/>
example to the bystanders <gap/> <hi rend="superscript">therefore <del><gap/></del></hi> <del>serve to <gap/></del><lb/>
<del>materially contribute to</del> as a warning to offenders.<lb/>
<del>materially contribute to</del> as a warning to offenders.<lb/>
<del>deter <gap/><gap/> from committing the like <gap/></del><lb/>
<del>deter pe others from committing the like offences.</del><lb/>
<hi rend="superscript">In such a case the</hi> real <unclear>nuances</unclear> of the punishment would <del>then</del> be <hi rend="superscript">not the physical pain, but</hi><lb/>
<add>In such a case</add> the real nuances of the punishment would <del>then</del> be <add>not the physical pain, but</add><lb/>
<hi rend="superscript"><del>not the pain <gap/></del></hi> the ignominy <hi rend="superscript">produced by it</hi> <del>of most however</del> <hi rend="superscript">But let it</hi> not be forgotten<lb/>
<add><del>not the pain but</del></add> the ignominy <add>produced by it</add> <del>It must however</del> <add>But let it</add> not be forgotten<lb/>
that by far the greater proportion of delinquents<lb/>
that by far the greater proportion of delinquents<lb/>
that are subjected to this species of punishment<lb/>
that are subjected to this species of punishment<lb/>
are <del>such <gap/><gap/></del> such upon whom a punishment<lb/>
are <del>such then upo</del> such upon whom a punishment<lb/>
<unclear>surely</unclear> ignominious is altogether void of effect.<lb/>
merely ignominious is altogether void of effect.</p>
 
<p><del>The punishment In this country <gap/> precautions<lb/>
 
For the</del> <add>In the instance of the</add> punishment of whipping <add>so negligent has been the legislature that</add> though in common<lb/>
 
use in this country, and <del>mos</del> susceptible of such infinite<lb/>
 
<del>variety in the</del> variation in respect of severity,<lb/>
 
<del>now</del> no precautions whatever have been employed<lb/>
 
for <del>use</del> ensuring its equal infliction.  Not even<lb/>
the qualities of the instrument are ascertained <lb/>
by written law, &amp; the quantity of force thus employed<lb/>
<add>in</add></p>
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6

It would be desirable what we are taken to that the skilful physician would take upon himself to
the occurrence the more or greater degree of effects
For this branch of penal law a work very much wanted is an
examination of the effects
in respect of the degree of suffering produced
by them, that can that are liable to be occasioned by the mo employment
of the usual modifications of this
species of punishment – the bruises that are
produced
are made by the blows from a stick,
the lacerations made by whips &c. In Turkey
the part to which the blows are applied is the
soles of the feet – the acuteness of the pain is it
more or less intense than when a blow of the
same force is applied to other parts of the body?
Of this I am ignorant. It is perhaps from some
sense notion of modesty that the Turks do not apply
have confined the application of the punishments to this part of
the human body.

If this Were the infliction of the punishment in question sort of were applied in such a
manner as not to produce any
in question attended with only a slight
degree of pain, not extending for example beyond the time during
which the instrument is applied, it would neither not
be sufficiently exemplary
scarcely serve in the way of as an efficient
example to the bystanders nor serve the internal therefore contribute
materially contribute to as a warning to offenders.
deter pe others from committing the like offences.
In such a case the real nuances of the punishment would then be not the physical pain, but
not the pain but the ignominy produced by it It must however But let it not be forgotten
that by far the greater proportion of delinquents
that are subjected to this species of punishment
are such then upo such upon whom a punishment
merely ignominious is altogether void of effect.

The punishment In this country precautions
For the
In the instance of the punishment of whipping so negligent has been the legislature that though in common
use in this country, and mos susceptible of such infinite
variety in the variation in respect of severity,
now no precautions whatever have been employed
for use ensuring its equal infliction. Not even
the qualities of the instrument are ascertained
by written law, & the quantity of force thus employed
in


Identifier: | JB/141/049/004"JB/" can not be assigned to a declared number type with value 141.

Date_1

Marginal Summary Numbering

Box

141

Main Headings

rationale of punishment

Folio number

049

Info in main headings field

section 2 examination of simple afflictive punishment

Image

004

Titles

Category

copy/fair copy sheet

Number of Pages

4

Recto/Verso

recto

Page Numbering

f8 / f5 / f9 / f6

Penner

richard smith

Watermarks

[[watermarks::dusautoy & rump 1809 [britannia and shield emblem]]]

Marginals

Paper Producer

edward collins

Corrections

Paper Produced in Year

1809

Notes public

ID Number

48266

Box Contents

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