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<p><!-- pencil -->11<lb/>
''This Page Has Not Been Transcribed Yet''
B.1. Ch.7<lb/>
 
<note>Analogy</note></p>
 
<p><head>V<lb/>
 
<hi rend="underline">Other sources of Analogy</hi></head></p>
<p>There are <del>th</del> other sources of analogy, which do<lb/>
<del>cannot be ranged</del> <add>not</add> as he foregoing, <del>with classes general<lb/>
classes</del> fall into classes, but which contribute to<lb/>
<del>facilitate</del> <add>and</add> the imagination in it progress from<lb/>
the idea of the punishment to the idea of the offence.</p>
<p>In offences relating to the coin, the characteristic<lb/>
circumstance is that important implement which<lb/>
is the subject of the fraud.  In these cases part of<lb/>
the punishment may consist in stigmatizing the<lb/>
delinquent in <del>the more</del> <add>some</add> conspicuous part <del>of hand</del><lb/>
his face <add>for example, –</add> with a mark or marks <del><gap/> the<lb/>
resp</del> representing a piece of money.  This mark will<lb/>
require to be of the evanescent kind or the indelible,<lb/>
according as the Imprisonment (if imprisonment<lb/>
<del>is</del> <add>be</add> part of the punishment) is temporary or perpetual.</p>
<p>In <del>th</del> some cases the pain of the punishment may be of the<lb/>
<del><gap/> <gap/></del> <add>same kind as that whereof the avoidance constituted the profit of the crime.</add>  At Amsterdam there is a House<lb/>
of Correction called the <hi rend="underline">Rasp-House</hi> in which are<lb/>
confined <del>or what is</del> persons guilty of offences <del>said</del> <add>attributed to indolence.</add><lb/>
<del>by id the <gap/> idleness</del>  It has been said that<lb/>
among the different works in which they are employed one<lb/>
is the being set to pump in a leaky vessel which admits<lb/>
as much water in a given time as is proportioned or<lb/>
supposed to be proportioned to the patients power of discharging<lb/>
it  If he can and does discharge it fast enough the labour<lb/>
is his punishment:  if he cannot or does not, the<lb/>
pain of drowning is his punishment.  Whether <del>this mode<lb/>
of punishment be</del> <add><del>it is</del> it be</add> employed or not <del>the</del> <add>it is obvious by a</add> mode of punishment<lb/>
<del>is in</del> <add><del>that is obvious</del> bears</add> the most rigorous analogy to the offence.<lb/>
If such a mode were to be employed, the utmost case<lb/>
must be taken to proportion the power necessary to<lb/>
be employed to the physical capacity of the delinquent.</p>
<p>In some cases the scene of the offence may furnish<lb/>
a source of analogy.  The Empress Catherine the 2<hi rend="superscript">d</hi>,<lb/>
punished a man who had been guilty of some offence<lb/>
upon the Exchange <add>by condemning him</add> to sweep it <del>during</del> <add>every day for</add> six months<lb/>
<del>every day of at on which</del> <add>at the time</add> the merchants <del>such</del> were assembled.</p>
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Revision as of 00:54, 29 November 2021

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11
B.1. Ch.7
Analogy

V
Other sources of Analogy

There are th other sources of analogy, which do
cannot be ranged not as he foregoing, with classes general
classes
fall into classes, but which contribute to
facilitate and the imagination in it progress from
the idea of the punishment to the idea of the offence.

In offences relating to the coin, the characteristic
circumstance is that important implement which
is the subject of the fraud. In these cases part of
the punishment may consist in stigmatizing the
delinquent in the more some conspicuous part of hand
his face for example, – with a mark or marks the
resp
representing a piece of money. This mark will
require to be of the evanescent kind or the indelible,
according as the Imprisonment (if imprisonment
is be part of the punishment) is temporary or perpetual.

In th some cases the pain of the punishment may be of the
same kind as that whereof the avoidance constituted the profit of the crime. At Amsterdam there is a House
of Correction called the Rasp-House in which are
confined or what is persons guilty of offences said attributed to indolence.
by id the idleness It has been said that
among the different works in which they are employed one
is the being set to pump in a leaky vessel which admits
as much water in a given time as is proportioned or
supposed to be proportioned to the patients power of discharging
it If he can and does discharge it fast enough the labour
is his punishment: if he cannot or does not, the
pain of drowning is his punishment. Whether this mode
of punishment be
it is it be employed or not the it is obvious by a mode of punishment
is in that is obvious bears the most rigorous analogy to the offence.
If such a mode were to be employed, the utmost case
must be taken to proportion the power necessary to
be employed to the physical capacity of the delinquent.

In some cases the scene of the offence may furnish
a source of analogy. The Empress Catherine the 2d,
punished a man who had been guilty of some offence
upon the Exchange by condemning him to sweep it during every day for six months
every day of at on which at the time the merchants such were assembled.


Identifier: | JB/141/040/002"JB/" can not be assigned to a declared number type with value 141.

Date_1

Marginal Summary Numbering

Box

141

Main Headings

rationale of punishment

Folio number

040

Info in main headings field

Image

002

Titles

Category

copy/fair copy sheet

Number of Pages

2

Recto/Verso

recto

Page Numbering

d10 / f11

Penner

richard smith

Watermarks

[[watermarks::[britannia with shield emblem]]]

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

48257

Box Contents

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