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<p>7</p>
''This Page Has Not Been Transcribed Yet''
<p>B 2 Ch.10.</p>
 
<p>This distinction between specific<lb/>
 
and indiscriminate Servitude may be<lb/>
 
illustrated by two examples derived from the<lb/>
English Law.</p>
<p>The Example of specific punishment<lb/>
is afforded by the Statute which directs the<lb/>
employment of certain malefactors on board<lb/>
the Hulks, in improving the navigation of<lb/>
the Thames.  The Statute determines the<lb/>
kind of Labour, and the subsidiary<lb/>
punishments by which it is to be enforced.</p>
<p><del>The example of indeterminate</del> <add>Indiscriminate servitude is part of</add><lb/>
the punishment <del>by</del> <add>inflicted by our laws under the name of</add> transportation.  This<lb/>
servitude is sometimes limited as to its duration<lb/>
but is without limitation and without restriction<lb/>
in respect of the services which may be<lb/>
required.</p>
<p>All these kinds of labour whether<lb/>
indiscriminate or specific require as a necessary<lb/>
accompaniment that the individual should<lb/>
be upon that spot where the business is to be done.<lb/>
Some import Imprisonment.  All of them<lb/>
import restraint upon occupations, to wit upon<lb/>
all occupations incompatible with those in<lb/>
which they constrain a man to employ himself.<lb/>
The degree of this restraint is in a manner<lb/>
indefinite.  To lay a man therefore under a<lb/>
particular constraint of any kind is for that<lb/>
time to lay him under an almost universal <add>restraint</add>.<lb/>
The clear value then of the pleasure which a<lb/>
man loses by being compelled to any particular occupation,<lb/>
is equal to that of <del>whi</del> the greatest of all the pleasures<lb/>
which, had it not been for the compulsion he might have<lb/>
procured for himself.</p>
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{{Metadata:{{PAGENAME}}}}{{Untranscribed}}
{{Metadata:{{PAGENAME}}}}{{Completed}}

Latest revision as of 20:44, 12 July 2023

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7

B 2 Ch.10.

This distinction between specific
and indiscriminate Servitude may be
illustrated by two examples derived from the
English Law.

The Example of specific punishment
is afforded by the Statute which directs the
employment of certain malefactors on board
the Hulks, in improving the navigation of
the Thames. The Statute determines the
kind of Labour, and the subsidiary
punishments by which it is to be enforced.

The example of indeterminate Indiscriminate servitude is part of
the punishment by inflicted by our laws under the name of transportation. This
servitude is sometimes limited as to its duration
but is without limitation and without restriction
in respect of the services which may be
required.

All these kinds of labour whether
indiscriminate or specific require as a necessary
accompaniment that the individual should
be upon that spot where the business is to be done.
Some import Imprisonment. All of them
import restraint upon occupations, to wit upon
all occupations incompatible with those in
which they constrain a man to employ himself.
The degree of this restraint is in a manner
indefinite. To lay a man therefore under a
particular constraint of any kind is for that
time to lay him under an almost universal restraint.
The clear value then of the pleasure which a
man loses by being compelled to any particular occupation,
is equal to that of whi the greatest of all the pleasures
which, had it not been for the compulsion he might have
procured for himself.


Identifier: | JB/141/086/001"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

086

Info in main headings field

Image

001

Titles

Category

copy/fair copy sheet

Number of Pages

2

Recto/Verso

recto

Page Numbering

f7 /

Penner

richard smith

Watermarks

[[watermarks::[britannia with shield emblem]]]

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

48303

Box Contents

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