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<p><!-- pencil -->2<lb/> | |||
<note>Inconveniences.</note></p> | |||
<p>has only a <hi rend="underline">chance</hi> more or less remote of producing<lb/> | |||
the same effect: others which though there be no<lb/> | |||
absolute <hi rend="underline">certainty</hi> in the case, one of those punishments<lb/> | |||
has a greater <hi rend="underline">chance</hi> of producing<lb/> | |||
than another has.</p> | |||
<p>On the score of <hi rend="underline">frugality</hi>, deforming punishments<lb/> | |||
are not liable to any objection. Disablement<lb/> | |||
& mutilation are. If the effect of<lb/> | |||
either is to deprive a man of the means of<lb/> | |||
gaining his livelihood by his own labour, & he<lb/> | |||
<del>he</del> has no sufficient income of his own, he must<lb/> | |||
either be left to perish or be supported by the<lb/> | |||
labour of others. If he even left to perish <del>it would</del><lb/> | |||
it would not be mere disablement or mutilation<lb/> | |||
but capital punishment. If he be supported by<lb/> | |||
the labour of others, that labour must either be<lb/> | |||
bestowed gratis as would be the case if he were<lb/> | |||
supported on the charity of relations & friends or<lb/> | |||
paid for at the public cost; in either case it is<lb/> | |||
a charge upon the public. This consideration<lb/> | |||
might of itself, <del>be inefficient to stipulate the <add>serve as a conclusive objection to</add><lb/> | |||
application of the modes of punishment in question<lb/> | |||
to</del> <add>in the instance of</add> offences that are apt frequently to be committed<lb/> | |||
such as theft & smuggling, <add><del>more</del> be considered as a<hi rend="superscript">+</hi> <note><hi rend="superscript">+</hi> conclusive objection to the application of this mode of punishment: the objection however applies</note>/add> <del>But this applies<lb/> | |||
only</del> in <del>of</del> its full force <add><del>only</del></add> to such species only of<lb/> | |||
those modes as would have the effect of depriving<lb/> | |||
the particular individual in question of <add>the means of gaining</add> his<lb/> | |||
livelihood.</p> | |||
<p><del>In respect of the property of</del> <add>In respect of</add> <hi rend="underline">remissibility</hi><lb/> | |||
they are <del>altogether</del> eminently defective: <del>which <add>this</add><lb/> | |||
furnishes</del> <add>a consideration that affords</add> an additional reason for making<lb/> | |||
a very sparing use of them.</p> | |||
<p>In respect also of <del>cost a</del> <hi rend="underline">variability</hi> they<lb/> | |||
are scarcely in a less degree defective. The loss<lb/> | |||
of the eyes or of the hand <del>would</del> <add>is</add> not to a man<lb/> | |||
who <del>neither knows</del> can neither read or write <add>the same degree of punishment</add><lb/> | |||
as it would be to a Painter or an Author. Yet</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Ready_For_Review}} | ||
2
Inconveniences.
has only a chance more or less remote of producing
the same effect: others which though there be no
absolute certainty in the case, one of those punishments
has a greater chance of producing
than another has.
On the score of frugality, deforming punishments
are not liable to any objection. Disablement
& mutilation are. If the effect of
either is to deprive a man of the means of
gaining his livelihood by his own labour, & he
he has no sufficient income of his own, he must
either be left to perish or be supported by the
labour of others. If he even left to perish it would
it would not be mere disablement or mutilation
but capital punishment. If he be supported by
the labour of others, that labour must either be
bestowed gratis as would be the case if he were
supported on the charity of relations & friends or
paid for at the public cost; in either case it is
a charge upon the public. This consideration
might of itself, be inefficient to stipulate the serve as a conclusive objection to
application of the modes of punishment in question
to in the instance of offences that are apt frequently to be committed
such as theft & smuggling, more be considered as a+ + conclusive objection to the application of this mode of punishment: the objection however applies/add> But this applies
only in of its full force <add>only to such species only of
those modes as would have the effect of depriving
the particular individual in question of the means of gaining his
livelihood.
In respect of the property of In respect of remissibility
they are altogether eminently defective: which this
furnishes a consideration that affords an additional reason for making
a very sparing use of them.
In respect also of cost a variability they
are scarcely in a less degree defective. The loss
of the eyes or of the hand would is not to a man
who neither knows can neither read or write the same degree of punishment
as it would be to a Painter or an Author. Yet
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Identifier: | JB/141/057/002"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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057 |
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002 |
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copy/fair copy sheet |
2 |
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recto |
f2 / f2 |
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richard smith |
[[watermarks::[britannia with shield emblem]]] |
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48274 |
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