The Rationale of PunishmentThis work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. |
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Common terms and phrases
afflictive punishments altogether analogy appear applied banishment benefit of Clergy Botany Bay calculated capital punishment character circumstances collective punishment committed condition confined consequences considered consists convicts corporal punishment crime criminal degree delinquent derived disablement effect employed English law evil expedient exposed favour felony forfeiture greater guilty happen honour idea imprisonment individual infamy inflicted innocent instance Judge justice kind labour legislator less liable liberty Lord Halifax lot of punishment magistrate malefactors manner means ment mis-seated punishment mischief mode of punishment Montesquieu moral sanction nature necessary niary object occasion offence pain Panopticon particular party injured pecuniary punishment penal penal labour perjury person pleasure political possession present principle prisoners produced profit punishment of death purpose question racter reason reformation render reputation respect restraint result rule sion sort South Wales species of punishment suffering suppose tence tion whole word
Popular passages
Page 37 - VIII.—Punishment must be further increased in point of magnitude, in proportion as it falls short in point of proximity. The profit of a crime is commonly more certain than its punishment, or what amounts to the same thing, appears so to the offender. It is generally more immediate, the temptation to offend is present ; the punishment is at a distance. Hence there are two circumstances which weaken the effect of punishment, its uncertainty and its distance.
Page 372 - ... than formerly, and reading was no longer a competent proof of clerkship, or being in holy orders, it was found that as many laymen as divines were admitted to the privilegium clericale, and therefore, by statute 4 Hen.
Page 18 - General prevention ought to be the chief end of punishment, as it is its real justification. If we could consider an offence which has been committed as an isolated fact, the like of which would never recur, punishment would be useless. It would be only adding one evil to another. But when we consider that an unpunished crime leaves the path of crime open not only to the same delinquent, but also to...
Page 23 - This seems to be the case with respect to all those offences which consist in the disseminating pernicious principles in matters of duty; of whatever kind the duty be; whether political, or moral, or religious. And this, whether such principles be disseminated under, or even without, a sincere persuasion of their being beneficial. I say, even without: for though in such a case it is not instruction that can prevent the writer from endeavouring to inculcate his principles, yet it may the readers from...
Page 32 - The law, contrary to all the ordinary principles of justice, first creates the temptation, and then punishes those who yield to it ; and it commonly enhances the punishment, too, in proportion to the very circumstance which ought certainly to alleviate it, the temptation to commit the crime.
Page 21 - But all punishment is mischief: all punishment in itself is evil. Upon the principle of utility, if it ought at all to be admitted, it ought only to be admitted in as far as it promises to exclude some greater evil.
Page 35 - The punishment ought in no case to be more than what is necessary to bring it into conformity with the rules here given.
Page 18 - It would be only adding one evil to another. But when we consider that an unpunished crime leaves the path of crime open not only to the same delinquent, but also to all those who may have the same motives and opportunities for entering upon it, we perceive that the punishment inflicted on the individual becomes a source of security to all.
Page 39 - To draw a precise line of direction in such case seems impossible. However, by way of memento, it may be of some use to subjoin the following rule. Among provisions designed to perfect the proportion between punishments and offences, if any occur, which, by their own particular good effects, would not make up for the harm they would do by adding to the intricacy of the Code, they should be omitted.
Page 22 - Where (though the penal clause may exert a full and prevailing influence over the will of the party) yet his physical faculties (owing to the predominant influence of some physical cause) are not in a condition to follow the determination of the will: insomuch that the act is absolutely involuntary. Such is the case of physical compulsion or restraint, by whatever means brought about; where the man's hand, for instance, is pushed against some object which his will disposes him not...