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CHAPTER XXV. THE DIVISION OF PUNISHMENTS.このページの先頭です
ONE:Barbarous spectacles were, Paley thought, justly found fault with, as tending to demoralise public feeling. But, he continued, if a mode of execution could be devised which would augment the horror of the punishment, without offending or impairing the public sensibility by cruel or unseemly exhibitions of death, it might add something to the efficacy of[57] example; and by being reserved for a few atrocious crimes might also enlarge the scale of punishment, an addition to which seems wanting, for as the matter remains at present you hang a malefactor for a simple robbery, and can do no more to the villain who has poisoned his father. Something of the sort we have been describing was the proposal, not long since suggested, of casting murderers into a den of wild beasts, where they would perish in a manner dreadful to the imagination, yet concealed from the view. It is interesting after this to learn, that Paley thought torture properly exploded from the mild and cautious system of penal jurisprudence established in this country, and that (to do him justice) he urged private persons to be tender in prosecuting, out of regard for the difficulty of prisoners to obtain an honest means of livelihood after their discharge.
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ONE:The Chinese penal code of 1647 is probably the nearest approach to Beccarias conception, and nothing is more marvellous than the precision with which it apportions punishments to every shade of crime, leaving no conceivable offence, of commission or[86] omission, without its exact number of bamboo strokes, its exact pecuniary penalty, or its exact term or distance of banishment. It is impossible in this code to conceive any discretion or room for doubt left to the judicial officers beyond the discovery of the fact of an alleged crime. But what is practicable in one country is practicable in another; so that the charge so often urged against thus eliminating judicial discretion, that it is fair in theory but impossible in practice, finds itself at direct issue with the facts of actual life.
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TWO:

当社は昭和13年の設立以来、つねに時代のニーズに即した製品をめざし、新技術?新製品の開発を重ねてきました。 中でもアルコール蒸留技術は、国内業界のパイオニアとして目覚ましい成長発展を遂げ、80年にわたる実績を築きあげました。そして今、その歴史によって培われた経験と技術力は化学?食品?薬品?産業機械など、幅広い分野で生かされています。今後はさらに新時代に向けた技術革新を積極的に進めると同時に、新分野の開拓にも意欲的に取組み、一層の発展を図っていきます。

社名 日本化学機械製造株式会社
（英文名称 Japan Chemical Engineering & Machinery Co., Ltd.）
代表者 取締役会長　高橋 正一
取締役社長　髙橋 一雅
所在地

〈本社?工場〉

〒532-0031　
大阪市淀川区加島4丁目6番23号

営業部
TEL.06-6308-3885FAX.06-6306-2627
技術部?設計部?工事部
TEL.06-6308-3891FAX.06-6306-0136
総務部
TEL.06-6308-3881 (代表)FAX.06-6306-2384
調達部
TEL.06-6308-3910FAX.06-6306-2384
海外事業部
TEL.06-6308-3887FAX.06-6306-2384
低温機器事業部
TEL.06-6308-3889FAX.06-6308-3890
製造部
TEL.06-6308-3894FAX.06-6308-3767
品質保証室
TEL.06-6308-3880FAX.06-6308-3896
開発技術室
TEL.06-6308-3895FAX.06-6838-3092
〈東京支店〉

〒104-0031　
東京都中央区京橋1丁目6番12号(京橋イーサスビル5階)

TEL.03-3567-8101FAX.03-3567-8104

〈滋賀工場〉

〒520-3213　
滋賀県湖南市大池町7番地1

TEL.0748-75-2131FAX.0748-75-2134

〈南山田工場〉

〒520-3252　
滋賀県湖南市岩根字南山田1662番5

TEL.0748-72-3007FAX.0748-72-3008
設立 昭和13年10月31日
資本金 2億7千5百万円
事業内容 化学機械?化学装置、燃焼装置、超低温液化ガス機器の設計、製作、販売
当社の特色
■ 小回りのきく化学工場のプラント?エンジニアリングメーカー
化学装置の設計?機器の調達?製作?建設工事、試運転迄一貫して責任施工
■ 各種耐食材料の加工
ステンレス?銅?チタニウム?ニッケル?モネル?ハステロイなど
■ 高圧機器の製作
汽罐ならびに特殊汽罐認可工場（圧力10MPa迄）ボイラーならびに第一種圧力容器認可工場（圧力10MPa迄）
高圧ガス保安法（特定設備検査規則）に基づく各種圧力容器
■ 高真空?超低温機器の製作
1.3×10-3Pa、－268℃機器
■ 製缶加工?検査設備完備
製缶加工に必要な諸機械?自動溶接機をはじめ検査諸設備を完備しており、全作業を一貫して能率的に加工可能
従業員数 160人（2019年4月現在）
年間売上高 6,119百万円（2019年4月決算）
取引銀行 りそな銀行堂島支店 　三井住友銀行十三支店 　池田泉州銀行庄内支店　
関西みらい銀行十三支店 　滋賀銀行新大阪支店 　三菱UFJ銀行梅田中央支店
許可登録 特定建設業許可　国土交通大臣許可（特27）第5208号
一級建築士事務所　大阪府知事登録(ロ)第24084号
その他の認可?承認?認定の詳細はこちら
取得
マネジメント
システム
〈品質マネジメントシステム〉
認証規格
ISO 9001：2015　/　JIS　Q9001:2015
登録番号
99QR?154
〈環境マネジメントシステム〉
認証規格
エコアクション21：2017
登録番号
0002822
TWO:The Translator has abstained from all criticism or comment of the original, less from complete agreement[vi] with all its ideas than from the conviction that annotations are more often vexatious than profitable, and are best left to the reader to make for himself. There is scarcely a sentence in the book on which a commentator might not be prolix.

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From the simple consideration of the truths hitherto demonstrated it is evident that the object of punishment is neither to torment and inflict a sensitive creature nor to undo a crime already committed. Can he, whose function it is, so far from acting from passion, to tranquillise the private passions of his fellows, harbour in the body politic such useless cruelty, the instrument either of furious fanatics or of weak tyrants? Shall perchance the shrieks of an unhappy wretch call back from never-receding time actions already executed? The object, therefore, of punishment is simply to prevent the criminal from injuring anew his fellow-citizens, and to deter others from committing similar injuries; and those punishments and that method of inflicting them should be preferred which, duly proportioned to the offence, will produce a more efficacious and lasting impression on the[166] minds of men and inflict the least torture on the body of a criminal.Torture is a certain method for the acquittal of robust villains and for the condemnation of innocent but feeble men. See the fatal drawbacks of this pretended test of trutha test, indeed, that is worthy of cannibals; a test which the Romans, barbarous as they too were in many respects, reserved for slaves alone, the victims of their fierce and too highly lauded virtue. Of two men, equally innocent or equally guilty, the robust and courageous will be acquitted, the weak and the timid will be condemned, by virtue of the following exact train of reasoning on the part of the judge: I as judge had to find you guilty of such and such a crime; you, A B, have by your physical strength been able to resist pain, and therefore I acquit you; you, C D, in your weakness have yielded to it; therefore I condemn you. I feel that a confession extorted amid torments can have no force, but I will torture you afresh unless you corroborate what you have now confessed.Any action that is not included between the two above-indicated extremes can only be called a crime or punished as such by those who find their interest in so calling it. The uncertainty of these limits has produced in different nations a system of ethics contrary to the system of laws, has produced many actual systems of laws at total variance with one another, and a quantity of laws which expose even the wisest man to the severest penalties. Consequently the words virtue and vice have become of vague and variable meaning, and from the uncertainty thus surrounding individual existence, listlessness and a fatal apathy have spread over political communities.These truths were recognised by the Roman legislators, for they inflicted torture only upon slaves, who in law had no personality. They have been adopted by England, a nation, the glory of whose literature, the superiority of whose commerce and wealth, and consequently of whose power, and the examples of whose virtue and courage leave us no doubt as to the goodness of her laws. Torture has also been abolished in Sweden; it has been abolished by one of the wisest monarchs of Europe, who, taking philosophy with him to the throne, has made himself the friend and legislator of his subjects, rendering them equal and free in their dependence on the laws, the sole kind of equality[157] and liberty that reasonable men can ask for in the present condition of things. Nor has torture been deemed necessary in the laws which regulate armies, composed though they are for the most part of the dregs of different countries, and for that reason more than any other class of men the more likely to require it. A strange thing, for whoever forgets the power of the tyranny exercised by custom, that pacific laws should be obliged to learn from minds hardened to massacre and bloodshed the most humane method of conducting trials.No inconvenience that may arise from a strict observance of the letter of penal laws is to be compared with the inconveniences of subjecting them to interpretation. The momentary inconvenience in the former case involves, indeed, correcting the words of the law which are the cause of the uncertainty, a task both easy and necessary; but the fatal licence of arguing, the source of so many arbitrary and venal disputes, is thereby prevented. When a fixed code of laws, which must be observed to the letter, leaves to the judge no further trouble than to inquire into the actions of citizens and to decide on their conformity to the written law; when the standard of just and[129] unjust, which should equally direct the actions of the ignorant citizen as of the philosophical one, is not a matter of controversy but of fact; then are people no longer subject to the petty tyrannies of many men, which are all the more cruel by reason of the smaller distance that separates the sufferer from the inflictor of suffering, and which are more pernicious than the tyrannies of a single man, inasmuch as the despotism of many is only curable by that of one, and a despots cruelty is proportioned, not to the power he possesses, but to the obstacles he encounters. Under a fixed code of laws citizens acquire that consciousness of personal security, which is just, because it is the object of social existence, and which is useful, because it enables them to calculate exactly the evil consequences of a misdeed. It is true they will also acquire a spirit of independence, but not such a spirit as will seek to shake the laws and prove rebellious against the chief magistrates, except against such of them as have dared to apply the sacred name of virtue to a spiritless submission to their own self-interested and capricious opinions. These principles will displease those who have assumed the right to transfer to their subordinates the strokes of tyranny they themselves have suffered from their superiors. I personally should have everything to fear, if the spirit of tyranny and the spirit of reading ever went together. Some crimes tend directly to the destruction of society or to the sovereign who represents it; others affect individual citizens, by imperilling their life, their property, or their honour; whilst others, again, are actions contrary to the positive or negative obligations which bind every individual to the public weal.

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