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<head>Of Subsidiary Punishment</head> | <head>Of Subsidiary Punishment</head> | ||
this cause does not necessarily produce <sic>it's</sic> effect: it<lb/> | <p>this cause does not necessarily produce <sic>it's</sic> effect: it<lb/> | ||
does not render the punishment <add>of the man</add> necessarily dependent<lb/> | does not render the punishment <add>of the man</add> necessarily dependent<lb/> | ||
upon his will: for he may be taken and punished<lb/> | upon his will: for he may be taken and punished<lb/> | ||
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the only resource is in Forfeitures, upon the contingency<lb/> | the only resource is in Forfeitures, upon the contingency<lb/> | ||
of a mans having any thing to forfeit<lb/> | of a mans having any thing to forfeit<lb/> | ||
that is within reach of Justice: or in the punishment <note><del><gap/></del> in punishments <hi rend="underline">in absenum personani</hi></note> | that is within reach of Justice: or in the punishment <note><del><gap/></del> in punishments <hi rend="underline">in absenum personani</hi></note><lb/> | ||
of those whose feelings are connected with his own by sympathy.</p> | |||
<p>From the differences above remarked <del>in [what</del><lb/> | |||
<del>may be]</del> the cause of failure in the punishment<lb/> | |||
<hi rend="underline">first-designed</hi> results a difference in <add>what ought to be</add> the quantity<lb/> | |||
of the <hi rend="underline">subsidiary</hi> punishment, concerning which we<lb/> | |||
may lay down the following rules.</p> | |||
<p>Rule 1<hi rend="superscript">st</hi> <hi rend="underline">Where inability</hi> <add><del>alone</del> <hi rend="underline">manifestly the only</hi></add> <hi rend="underline"><del>the</del></hi> <hi rend="underline">cause of failure, the</hi><lb/> | |||
<hi rend="underline">subsidiary punishment should should be neither greater</hi><lb/> | |||
<hi rend="underline">nor less than that which was first designed.</hi> For<lb/> | |||
no reason can be given why it should be either less<lb/> | |||
or greater.</p> | |||
<p>Rule 2<hi rend="superscript">d</hi>. <hi rend="underline">Where want of will is</hi><add><hi rend="underline">manifestly the only</hi></add> <hi rend="underline">the cause</hi> of fai<hi rend="underline">lure</hi><lb/> | |||
<hi rend="underline">the subsidiary punishment ought to</hi> be <del>[considerably]</del><lb/> | |||
<del>greater than that which was first-designed.</del><lb/> | |||
For the punishment first-designed is that which by<lb/> | |||
the supposition is thought the best: to determine the<lb/> | |||
delinquent <add>than</add> to <sic>submitt</sic> to this <del>theref</del> in preference to the<lb/> | |||
other, there is but one way which is to make that other <add>[punishment]</add> the<lb/> | |||
greater.</p><pb/> | |||
Of Subsidiary Punishment
this cause does not necessarily produce it's effect: it
does not render the punishment of the man necessarily dependent
upon his will: for he may be taken and punished
in spite of his wishes and endeavours to prevent
it; which when a man does suffer any of this -
punishments, especially Death and those other acute
and heavy punishments, is generally the case. In this case
the only resource is in Forfeitures, upon the contingency
of a mans having any thing to forfeit
that is within reach of Justice: or in the punishment in punishments in absenum personani
of those whose feelings are connected with his own by sympathy.
From the differences above remarked in [what
may be] the cause of failure in the punishment
first-designed results a difference in what ought to be the quantity
of the subsidiary punishment, concerning which we
may lay down the following rules.
Rule 1st Where inability alone manifestly the only the cause of failure, the
subsidiary punishment should should be neither greater
nor less than that which was first designed. For
no reason can be given why it should be either less
or greater.
Rule 2d. Where want of will ismanifestly the only the cause of failure
the subsidiary punishment ought to be [considerably]
greater than that which was first-designed.
For the punishment first-designed is that which by
the supposition is thought the best: to determine the
delinquent than to submitt to this theref in preference to the
other, there is but one way which is to make that other [punishment] the
greater.
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Identifier: | JB/141/132/003"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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132 |
book 6 ch. 2 of subsidiary punishments |
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003 |
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text sheet |
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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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