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Panopticon versus New South Wales Margina No I. Ends of penal justice
the standard.
1.
Of the four grounds
that have been alleged
this is the
only remaining one
upon which the
"relinquishment" has
been attempted to be
justified.
2.
It supposes that
1. The New South Wales
system is preferable
to the Panopticon
system.
3.
— and to such a
degree as to justify
the relinquishment
of the latter spite
of all inconveniences
of it breach of
public faith included.
4.
If the New South
Wales system is
preferable, it must
be with reference
to the five ends of
punishment viz:
1. Example. 2. Reformation.
3. Incapacitation
(for fresh offences)
4. Compensation. 5.
Economy.
II.I. Example.
1.
Example. With reference
to this end
New South Wales
does nothing: the
whole scene being
out of view.
2.
Under the Panopticon
system, exemplarity
is at its maximum.
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III.2.Reformation
I.General Principles
1
New South Wales system
— its radical inaptitude
for reformation.
Cause of the
demand for reformation
— a sort of morbid
sensibility coupled
with the want
of inspection for the
checking of it. Analogy
between delinquents
and persons
of tender age or insane.
2.
Under the New South
Wales system, the power
of inspection is
at its minimum.
No check to any forbidden
practice or
propensity: viz —
1. Sloth —
2. Drunkenness —
3. Gaming —
4. Venereal irregularities.
5. Profaneness —
6. Quarrelsomeness
7. Mischievousness.
8. Rapacity —
9. Improvidence —
10. Prodigality.
3
Under the Panopticon
system, at its maximum:
scarce one of the ten
is possible.
4.
Instead of extra-inspection,
it was thought
fit to send out an
ordinary assortment
of such instruments
of reformation, dead
and living, as are
looked upon as sufficient
in ordinary
situations. —
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III.2.Reformation
I. General Principles
4(a)
Of Priests if useful
there should be one
to each distinct settlement
(i.e. no individual
should be
settled any where but
within a short walks
distance of a Church)
whereas there was
scarce one to five.
Also one to each
Religion. There was
none to 887 Persons
in Norfolk Island
for years.
5.
Cause of the indifference
to all effectual
means: being sent
purposely out of sight,
their dependence was
on this being out
of mind: viz: the
public mind.
6.
Under the Panopticon
system, the inspective
and reformative power
could not but be
applied and to the
greatest possible advantage.
II. Experience per Collins
7.
The badness, absolute
as well as comparative,
of the New South Wales
system, being thus
deduced from theory,
follows the confirmation
of it from experience.
8.
Chief evidence, its
professed advocate,
the Judge Advocate.
The determined suppression
of other documents
is thereby rendered
useless.
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III. 2. Reformation
II. Experience per Collins
9
Preface shewing his
disposition to put the
best face upon the
system that truth
would permitt —
10.
Care taken here, to
avoid misrepresenting
his evidence.
11.
According to him, down
to September 1796 worthlessness
was at the
highest pitch, and
universal; with scarce
one exception in a
hundred or more.
12.
But, the longer they
have had the effect
of the New South Wales
discipline, and the
more they are out of
the way of inspection,
they are by much the
worse.
12(a)
Passages in proof of
both propositions.
13.
Further evidence relative
to incapacitation &c and
economy will be exhibited
under those heads.
III. Later experience
14.
State of the Colony in respect
of reformation at
subsequent periods according
to general results
from other evidence
entitled to particular confidence.
15
1. 20th May 1799 from
Governor Hunter.
16
From that evidence
reformation appears
hopeless depending on
a condition repugnant
to the end of the institution
viz: the not sending
thither the worst
disposed.
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III.2. Reformation
III. Later experience
16(a)
Passages in Collins
speaking of the necessity
and absence
of inspection. —
17.
2. 7th Oct.r 1800 from the
Lady of the commanding
officer —
18.
Carelessness &c of the
Duke of Portland
and Mr King &c of
the rising generation
in their "improved
"Colony."
19.
While Lord Belgrave
was "propagating the
"Gospel" the above, for
his accommodation,
were in conspiracy
with Mr Pitt &c propagating
immorality
in New South Wales.
IV. Contra in Old Colonies
20
Objection from experience
answered — Have not
Colonies proved conducive
to reformation?
Yes: but not such
Colonies. Efficient causes
of this property in
the old Colonies
1. Community, ready
formed.
2. The great majority
thrifty.
3. Employer, ready —
4. —a man of thrift
5. Neighbours, ready
to join against a
fugitive or refractory
bondsman
6. The bondsmen, in
small proportion
and dispersed.
7. Masters, engaged by
interest to reform
them.
8. A thrifty community
to settle in, after
emancipation: —
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Identifier: | JB/120/018/002"JB/" can not be assigned to a declared number type with value 120. |
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1802-08-09 |
1-4, 1-2, 1-4, 4a, 5-12, 12a, 13-21, 21a, 22-23, 1-25 |
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120 |
panopticon versus new south wales |
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018 |
no. 13 panopticon versus n. s. wales marginal contents (not yet printed 9th august 1802) in two sheets. sheet 1 |
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002 |
i ends of penal justice the standard / ii example / iii reformation / iv incapacitation |
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marginal summary sheet |
2 |
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recto |
/ f20 |
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john herbert koe |
1800 |
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1800 |
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39844 |
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