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Untitled Article
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Untitled Article
The free and bold spirit of inquiry , and the benevolence of heart , which breathe through this little tract , and which are characteristic of ttife supposed writer , render his speculations on the now haqknied subject of penal law ., deserving of an attention , which the degree of truth or of practical applicability which they possess , would not of
itsejf feave entitled them to . The author , in fact , deals with punishment as Mr . Owen deals with the institution of private property . He makes out a case of manifest hardship and cruelty against the one ^ as JVJr . Owen does against the other , and with as little difficulty for the materials are ampler and like Mr , Owen , he helps out Jus case by including in his enumeration not only the evils inseparable from the institution itself , but all those which are ^ actually attendant on it in its present form , however easily remediable . He then gravely proposes that punishment should be
abolished , and the prevention of crime attempted by other means ; as one might conceive a philanthropist enlarging upon the nauseousness of medicine , its injurious effects upon the constitution , the hardship of administering it to persons who are ill and helpless and not their own masters , and concluding that medicine be abolished , and that mankind should endeavour to preserve their health , in some other manner .
The authors substitute for punishment is itself 3 . punishmeEt , though one of the mildest kind . He proposes that those who are cobvicted of offences , whether of the slightest or of the gravest description , should be no otherwise ill-treated than by being compelled to live as a community apart , in a portion of the country specially allotted to them , in which they should have the same
opportunities of gaining their livelihood as the rest of the community , and from which they should be liberated on proof of continued good concoct , Within this district there should be a smaller euclo $ pre to which , those should be again banished who have violated the laws of the criminal community to winch they were first relegated ; and within this second a third , in whiph again ,
as the last resort , there should be a prison . But no one is to be incarcerated in this prison without having the alternative offered to him of going into perpetual exile . lit the subordinate arrangements there is some good sense and
muchiogenuity : and as One among many systems of reformatory discipline , the plan of our author seems worthy to be tried by way pf e ^^ ri jneut ppon the less corrupted of the persons convicted q ( n ^ uio *; , offence ^ But as a plan of systematic treatment for all 0 { fenders , tp be adopted in lieu of every other punishment , it would be a mpre litter failure than the worsjt of the penal systems ,
m Ttothaxk * on Criminal Law , with a Kan for aa Improved System j and O bservations on the Prevention of Crime .
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? & 4 ; . . -
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ON PUNISHMENT . *
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Citation
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Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), Oct. 2, 1834, page 734, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/mruc/issues/vm2-ncseproduct2638/page/60/
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