JB/159/015/001

Click Here To Edit

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

Identifier: | JB/159/015/001"JB/" can not be assigned to a declared number type with value 159.
Date_1		Marginal Summary Numbering
Box	159	Main Headings	punishment
Folio number	015	Info in main headings field	punishment distinguished and defined punishment & restraint - warburton
Image	001	Titles	note continued
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f13 / f14 / f15 / f16
Penner	jeremy bentham	Watermarks	[[watermarks::w [britannia with shield emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	53838
Box Contents