PUNISHMENT. 



defcription ; and fo far popular as to fhock none of the 

 cftabliilicd feelings or prejudices of the community. Thefe 

 qualities are, for the moit part, underftood as loon as they 

 are mentioned. Some of them, however, undergo a more 

 ample difcuffion than others. This is the cale with relpeft 

 to the qualities of analogy and popularity. One of the 

 fources of analogy fpecilied by Mr. Bentham is that of em- 

 ploying the fame inftrumcnt or operation in the punidiment, 

 as the delinquent did in the crime, as, e. gr. burning an in- 

 cendiary who had committed any aggravated aft of arfon, 

 by which lives were facrificed as well as property. Anotiier 

 method is that of inflifting on the delinquent the fame 

 injury which he offered to the innocent perfon. A third 

 confifts in fubjcfting to punilhment the part of the body 

 with which the offender committed the crime. A fourth, 

 in affcfting the face with fomc disfigurement limilar to 

 difguifing, where part of the offence was the ufe of a dif- 

 guife. Other analogies alfo are enumerated. In difcufiing 

 the popularity of punifhment, the author adverts to the pre- 

 valence of falfe feelings and prejudices, and he reduces the 

 errors proceeding from thefe caufcs to four heads ; as they 

 confifl in miflaken notions of liberty, decency, religion, and 

 humanity. The author allows, however, tliat a lawgiver 

 fhould, for a time at leafl, frame his inflitutions fo as to hu- 

 mour even the caprices and errors of his people, when he 

 finds them too deeply rooted and widely fpread, to be over- 

 come or difrcgarded. To any fpeculative arguments, 

 founded upon falfe views of thofe different fubjefts, of 

 courfe no regard fliould be paid ; — as to thofe fanatics in 

 politics, religion, or fentiment, who would have no imprifon- 

 ment becaufe it violates liberty, or abolifh capital punifh- 

 ments becaufe they encroach upon the province of the Deity, 

 or becaufe they are painful to the feelinji-s. 



The author mentions four cafes, in which punifhment is 

 wholly inept, and ought not to be inflifted ; "viz. where the 

 crime being either imaginary, or unfit for legiilative inter- 

 ference, may be faid not to exift, and the punifhment would 

 be unfounded: wliere the punilhment would be wholly ine^- 

 cacious on the delinquent, or others in the fame circumltances, 

 as in the cafe of idiots : where the means being fuflicient 

 to accompHlh the end in view, punifhment would be fuper- 

 jluQus : where more evil being likely to refult from puuifhing 

 the particular offenders than from letting them efcape, the 

 infliftion would be too co/lly, as in the cafe of an extenfive 

 mutiny or rebellion. 



We have already ftated, that the author divides punilh- 

 ments into two great clafles, corporal and privative ; that he 

 again fubdivides corporal punilfiments into tive kinds, and 

 privative into three. i. Thejiijl clais of corporal punifh- 

 ments confilh of punifhments^/?;/)/)> aJfliHiiie, denoting thofe 

 which caule bodily fuffering, witii little attendant injury ; 

 and even thofe mofl fimple, as the lalli, are accompanied 

 with a certain difgrace by their public exhibition, which is 

 an etfential part of the procefs. Of the various kinds of 

 fimple infliftion, our author gives the preference to the laih, 

 under certain modifications. 2. The/econd clafs confifts of 

 punifhments complexly ajliitive, or thole in which the mere 

 bodily fuffering is attended with, or followed by, fome 

 other lofs, either of perfonal comfort or reputation. Thefe 

 are fubdivided into three kinds, comprehending thofe that 

 are inflifted by deforming the perfon, which is done either by 

 difcolotiring, e. gr. burning in the hand ; or disfiguring, e. ^r. 

 flitting the nofe, or cutting the ear;, by difabling a limb or 

 organ, without deftroying it ; by mutilating 'or deftroying 

 the part. The third cb-ls comprehends njlridi've punifh- 

 ments, which prevent the offender from doing or enjoying 

 fomething agreeable or ufeful to him. The rTflriclions thus 



impofed are of two kinds ; fimple prohibitions, and reflraints 

 upon loco-motion. The former are io limited in their appli- , 

 cation, that we need not particularly fpecify them; but, 

 the latter are divided into five kinds ; -vi%. imprifimment, in 

 the ordinary fenfe of tiie word ; quafi-imprifomncnt, or con- 

 finement within the diftridl to which tiic offender belongs : 

 relegation, or confinement to fome other diffridt within the 

 dominions of the Hate : local interdidion, or banifhinciit from 

 a particular diflridt : lanijhment from tlie territories of the 

 flate, either indefinitely, or to fome fpecific foreign part-i 

 Imprifonment, according to our author's flatement, in Ord.-r 

 to be effectual, ought to place the offender, for a limited 

 time, under the moft complete reflraint, inffead of being 

 long and flight. Mr. Bentham enlarges in the enumeration 

 of the evils comprehended under this mode of fuffering, of 

 which fome hdong-iufparal/ly and nccefl'arily to it ; others 

 fuch as are acceffary, but moll frequently accompany it ; and 

 otliers again luch as arife from abifes of it. With impri- 

 fonment, lie fays, in certain cafes, and always for a very 

 limited time, may moft advantageoufly be joined folitudc, 

 darknefs, -^w^ regimen. Our author, having expofed the ab- 

 furd lyftem of " priibn-fees," infers from his general prin- 

 ciples that there ought to be three kinds of priloii, adapted 

 to the feveral purpofes oi fimple dK^tention, penitentiary confine- 

 ment, and/)^r/f/urt/ imprifonment. The firfl being only appli- 

 cable to the cafe of infolvent debtors guilty of imprudence 

 or extravagance, and of accufed perfons kept for trial, lliould 

 have no accompaniment whatever of rigour. The leading 

 principle in diitinguifhing the two others is, that the fub- 

 jefts of the former are to enter again into fociety ; while 

 thofe of the latter, being for ever excluded from it, the 

 exemplary nature of their fufferings fliould be the principal 

 object of attention. The names of the three prifons, for 

 thefe feparate purpofes, fhould be different, as well as their 

 external appearance ; and every thing which can feize hold 

 of the imagination, without awakening fympathy, fhould 

 be prefented, both in the conftruflion of the perpetual 

 prifon, and in the fituation of its inhabitants. 4. The 

 fourth clafs of punifhments comprehends thofe tlxat are 

 termed a3ive or laborious. Punifliments of this clafs, when 

 examined by the rules already premifed, are found to unite 

 the grentefl number of advantages with the feweft defedts. 

 In the difcuffion of this fubjett, the author direds our at- 

 tention to what may be called the extreme cafe of mif- 

 managernent in this kind of puniiLments. Here he alludes 

 to Botany Bay. The tranfportation of convifts to Ame- 

 rica, which preceded the prefent plan, with feveral diiad- 

 vantages of great moment, was, upon the whole, infinitely 

 preferable. It was grofsly unequal, inafmuch as it became 

 fervitudc with exile to the poor, while it was only fimple re- 

 legation to thofe who could pay for their palfage. It was 

 dcfedlive too in preventive power, the opportunities of 

 efcape being neceffarily great. In both thefe particulars, 

 the deportation now prac\ifed has the manifell advantage. 

 All the convicls are equally under reftraint, and their elcape 

 is much more difficult ; but in every other point of view, it 

 is either as bad, or a great deal worfe. It is as little as 

 poffible exemplary : the difproportion between the real and 

 apparent fuffering, — the excels of the former, —is in truth 

 a maximum. The community in this country fee a convicl 

 fent on a long voyage, to a fertile country, lying in a fine 

 climate. This is tlie example. Tlie reahty is, that the 

 miferable wretch, after rotting in the hulks for a year or 

 two, is crammed with fome hundreds of his fellows into a 

 floating prifon, or, it may be, a pefl-houfe, in which, if 

 he furvives the rifl<s of famine, peitilence, mutiny, fire, 

 Ihip wreck, and explofion, he is conveyed, through the in- 

 01 flidiou 



