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<head>Punishment distinguished and defined</head><lb/> | <head>Punishment distinguished and defined</head><lb/> | ||
<head>Punishment | <head>Punishment X Restraint — Warburton</head><lb/> | ||
<p> | <p><unclear>NOTE</unclear> continued.</p> | ||
that, <add>according to his Lordship</add> are punishments there are two articles that are the<lb/> | that, <add>according to his Lordship</add> are punishments there are two articles that are the<lb/> | ||
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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/> | If it is intended to produce <sic>it's</sic> effect by<lb/> | ||
such pain but simply by | such pain but simply by the<del>ir</del> removal of the persons<lb/> | ||
banished, it is then an act of restraint only, and not<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. That the same act may be<lb/> | ||
an act of punishment or an act restraint and<lb/> | an act of punishment or an act restraint and<lb/> | ||
not an act of punishment <add>according to circumstances</add> his Lordship | not an act of punishment <add>according to circumstances</add> his Lordship <unclear>having</unclear> plainly<lb/> | ||
understood and <del>expressed</del>. <add><del><gap/></del> asserted.</add> His mistakes consist | understood and <del>expressed</del>. <add><del><gap/></del> asserted.</add> His mistakes consist 1 <lb/> | ||
in the not <del><gap/></del> giving a right | in the not <del><gap/></del> giving a right statement of these circumstances;<lb/> | ||
2<hi rend="superscript">dly</hi> in the act of deriving | 2<hi rend="superscript">dly</hi> in the act of deriving from this <add>verbal &</add>speculative<lb/> | ||
distinction a practical conclusion which it does<lb/> | distinction a practical conclusion which it does<lb/> | ||
not warrant. | 1. An act of <del>restraint</del> punishment he says<lb/> | not warrant. | 1. An act of <del>restraint</del> punishment he says<lb/> | ||
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necessary to lay <add><del>effect the purpose</del> repel the evil:</add> <del>the party punished under restraint</del><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/> | an act of restraint for any act which inflicts just so much<lb/> | ||
pain as is necessary <add>for that purpose</add> and no more. But the fact is<lb/> | |||
that are act <del>of restraint</del> may produce more evil than<lb/> | |||
is necessary to effect that purpose of restraining, and even<lb/> | |||
be seen by the operator so to do, and yet be but an act<lb/> | |||
of restraint: in the next place <del>an act that</del> the producing <add>no</add><lb/> | |||
Punishment distinguished and defined
Punishment X Restraint — Warburton
NOTE 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 having plainly
understood and expressed. asserted. His mistakes consist 1
in the not giving a right statement of these circumstances;
2dly in the act of deriving from this verbal &speculative
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
pain as is necessary for that purpose and no more. But the fact is
that are act of restraint may produce more evil than
is necessary to effect that purpose of restraining, and even
be seen by the operator so to do, and yet be but an act
of restraint: in the next place an act that the producing no
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punishment distinguished and defined punishment & restraint - warburton |
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jeremy bentham |
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