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<note>Book.6. Ch.2</note> | <note>Book.6. Ch.2</note><lb/> | ||
<note>B II Ch.15.</note> | |||
<head>Of Subsidiary Punishments</head> | <head>Of Subsidiary Punishments</head> | ||
<p>Of all the punishments which can be appointed by<lb/> | <p>Of all the punishments which can be appointed by<lb/> | ||
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<del>and</del> <del>There are to</del> Such a failure may arise from either<lb/> | <del>and</del> <del>There are to</del> Such a failure may arise from either<lb/> | ||
of two causes: <add>unwillingness, that is</add> want of will to bear <add>the punishment; or inability, that is want</add> <del><gap/> <gap/></del><lb/> | of two causes: <add>unwillingness, that is</add> want of will to bear <add>the punishment; or inability, that is want</add> <del><gap/> <gap/></del><lb/> | ||
of power <add>inability</add>.</p> | of power <add><del>inability</del></add>.</p> | ||
<p>The first cause, if no steps were taken to <sic>controul</sic><lb/> | |||
it would naturally occasion the failure of all <del>such</del><lb/> | |||
punishments <del>as are</del><add>the execution of which is</add> dependent upon the will of the<lb/> | |||
party to be punished. This <add>[among corporal punishments is </add> <del>is the case of all ] these</del><lb/> | |||
<del>punishments which in the grand division of corporal</del><add>the case with all such as were either active or restrictive</add> | |||
<add>[+]</add><add>]</add> <note><add>[+]</add> one case of restrictive punishment exception that to wit in whether the restraint is produced by physical means.</note><lb/> | |||
<del>punishments into three classes are comprized under the</del><lb/> | |||
<del>names of</del><add><hi rend="underline">titles</hi></add> <del>] <hi rend="underline">active</hi> and <hi rend="underline">restrictive</hi> [punishments]</del></p> | |||
<p> | |||
To give efficacy therefore to the mandate of which <del>the</del> any<lb/> | |||
of these punishments is intended as the sanction, it<lb/> | |||
is absolutely necessary that some further punishment<lb/> | |||
should be appointed to back it through the whole of<lb/> | |||
its continuance: <add>In the first instance</add> This <hi rend="underline">backing</hi> or <hi rend="underline">subsidiary</hi> punishment<lb/> | |||
as it may be called may <del>in the first instance</del> <lb/> | |||
be taken from those <del><gap/></del> two classes<add>as well as from the other</add>; and so through<lb/> | |||
any number of instances one behind another. <del>Although</del><add><del>Subor<gap/></del></add><lb/> | |||
<del>honour <gap/><add>A</add></del> punishment <add>of the active kind</add> for instance <add><del>for such a time</del></add> <del>as</del> might be backed<lb/> | |||
<del>with the same kind of punishment for a greater <gap/></del><lb/> | |||
<del>that for</del> by Quasi-Imprisonment; that again by Banishment:</p> <pb/> | |||
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Book.6. Ch.2
B II Ch.15.
Of Subsidiary Punishments
Of all the punishments which can be appointed by
the Law, there is none but what arefrom one accidentevent or
other are liable to fail. It is obvious that Against such event it obviously
becomes the Law [constantly]in every caseto make provision,
and There are to Such a failure may arise from either
of two causes: unwillingness, that is want of will to bear the punishment; or inability, that is want
of power inability.
The first cause, if no steps were taken to controul
it would naturally occasion the failure of all such
punishments as arethe execution of which is dependent upon the will of the
party to be punished. This [among corporal punishments is is the case of all ] these
punishments which in the grand division of corporalthe case with all such as were either active or restrictive
[+]] [+] one case of restrictive punishment exception that to wit in whether the restraint is produced by physical means.
punishments into three classes are comprized under the
names oftitles ] active and restrictive [punishments]
To give efficacy therefore to the mandate of which the any
of these punishments is intended as the sanction, it
is absolutely necessary that some further punishment
should be appointed to back it through the whole of
its continuance: In the first instance This backing or subsidiary punishment
as it may be called may in the first instance
be taken from those two classesas well as from the other; and so through
any number of instances one behind another. AlthoughSubor
honour A punishment of the active kind for instance for such a time as might be backed
with the same kind of punishment for a greater
that for by Quasi-Imprisonment; that again by Banishment:
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141 |
rationale of punishment |
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132 |
book 6 ch. 2 of subsidiary punishments |
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jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
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caroline vernon |
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48349 |
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