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<p>B.2. Ch.15.</p> | |||
<p><head><hi rend="underline">Of Subsidiary Punishments.</hi></head></p> | |||
<p>By Subsidiary Punishments are<lb/> | |||
meant those punishments which are assigned by<lb/> | |||
the law either to enforce submission to <del>anoth</del> an<lb/> | |||
appointed punishment or to replace a<lb/> | |||
punishment <del>to</del> which the delinquent can<lb/> | |||
not undergo. – In the one case the <del>law</del> <add>punishment</add><lb/> | |||
is <del>insufficient</del> <add>inoperative</add> from the unwillingness of the<lb/> | |||
delinquent in the other from his inability –</p> | |||
<p>It is evident that no<del>t</del> penal law<lb/> | |||
would be enforced if it depended upon the<lb/> | |||
will of those who were to submit to it.</p> | |||
<p><del>In some</del> As it respects some punishments<lb/> | |||
this will is out of the question; but<lb/> | |||
there are some punishments which consist in<lb/> | |||
<del>requir</del> following a certain prescribed line of Conduct<lb/> | |||
the law directs the individual – to do a certain<lb/> | |||
action, – to abstain from another action – to pay<lb/> | |||
a certain sum of money – not to leave a<lb/> | |||
certain place, <del>ect</del> &cs. In all these cases<lb/> | |||
when physical constraint is not used – it is<lb/> | |||
necessary that full effect may be given to the<lb/> | |||
command of the law, to add the menace of a<lb/> | |||
second punishment in order to ensure submission<lb/> | |||
to the first. – This <add>subsidiary</add> punishment may sometimes<lb/> | |||
be of the same character with the original<lb/> | |||
punishment – thus for <del>violating</del> <add>returning from</add> temporary<lb/> | |||
banishment, – fresh banishment may be inflicted<lb/> | |||
but as a last resort every punishment which</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
B.2. Ch.15.
Of Subsidiary Punishments.
By Subsidiary Punishments are
meant those punishments which are assigned by
the law either to enforce submission to anoth an
appointed punishment or to replace a
punishment to which the delinquent can
not undergo. – In the one case the law punishment
is insufficient inoperative from the unwillingness of the
delinquent in the other from his inability –
It is evident that not penal law
would be enforced if it depended upon the
will of those who were to submit to it.
In some As it respects some punishments
this will is out of the question; but
there are some punishments which consist in
requir following a certain prescribed line of Conduct
the law directs the individual – to do a certain
action, – to abstain from another action – to pay
a certain sum of money – not to leave a
certain place, ect &cs. In all these cases
when physical constraint is not used – it is
necessary that full effect may be given to the
command of the law, to add the menace of a
second punishment in order to ensure submission
to the first. – This subsidiary punishment may sometimes
be of the same character with the original
punishment – thus for violating returning from temporary
banishment, – fresh banishment may be inflicted
but as a last resort every punishment which
Identifier: | JB/141/102/002"JB/" can not be assigned to a declared number type with value 141. |
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141 |
rationale of punishment |
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102 |
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002 |
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copy/fair copy sheet |
2 |
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recto |
f2 |
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richard smith |
[[watermarks::[britannia with shield emblem]]] |
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48319 |
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