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to the intention with which it was applied. If<lb/> | to the intention with which it was applied. If<lb/> | ||
it <del><gap/></del><add>be</add> intended to produce it's effect by means of the<lb/> | it <del><gap/></del><add>be</add> intended to produce it's effect by means of the<lb/> | ||
pain suffer'd by the persons banished, it is a punishment<lb/> | pain suffer'd by the persons banished, it is a punishment.<lb/> | ||
If it is intended to produce <sic>it's</sic> effect by<lb/> | |||
such pain but simply by their removal of the persons<lb/> | |||
banished, it is then an act of restraint only, and not<lb/> | |||
an act of punishment. That the same act may be<lb/> | |||
an act of punishment or an act restraint and<lb/> | |||
not an act of punishment <add>according to circumstances</add> his Lordship have any plainly<lb/> | |||
understood and <del>expressed</del>. <add><del><gap/></del> asserted.</add> His mistakes consist of<lb/> | |||
in the not <del><gap/></del> giving a right cumstances;<lb/> | |||
2<hi rend="superscript">dly</hi> in the act of deriving lative<lb/> | |||
distinction a practical conclusion which it does<lb/> | |||
not warrant. | 1. An act of <del>restraint</del> punishment he says<lb/> | |||
is <del><gap/></del> any act which produces more pain than what is<lb/> | |||
necessary to lay <add><del>effect the purpose</del> repel the evil:</add> <del>the party punished under restraint</del><lb/> | |||
an act of restraint for any act which inflicts just so much<lb/> | |||
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Punishment distinguished and defined
Punishment )( Restraint — Warburton
Nori continued.
that, according to his Lordship are punishments there are two articles that are the
same: to wit banishing and not tolerating. The seeming
contradiction involved in these two accounts is not however
a real one. They willmay easily be reconciled by means
of the distincti principles laid down in the preceding
chapter. An act Banishment for instance I mean an act of banishment may be a punishment,
I mean an act of punishment, or not according
to the intention with which it was applied. If
it be intended to produce it's effect by means of the
pain suffer'd by the persons banished, it is a punishment.
If it is intended to produce it's effect by
such pain but simply by their removal of the persons
banished, it is then an act of restraint only, and not
an act of punishment. That the same act may be
an act of punishment or an act restraint and
not an act of punishment according to circumstances his Lordship have any plainly
understood and expressed. asserted. His mistakes consist of
in the not giving a right cumstances;
2dly in the act of deriving lative
distinction a practical conclusion which it does
not warrant. | 1. An act of restraint punishment he says
is any act which produces more pain than what is
necessary to lay effect the purpose repel the evil: the party punished under restraint
an act of restraint for any act which inflicts just so much
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Identifier: | JB/159/015/001"JB/" can not be assigned to a declared number type with value 159. |
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159 |
punishment |
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015 |
punishment distinguished and defined punishment & restraint - warburton |
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001 |
note continued |
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f13 / f14 / f15 / f16 |
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jeremy bentham |
[[watermarks::w [britannia with shield emblem]]] |
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