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Examples
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Certain Punishments of the Wicked; Divine Sovereignty. (b. c.
Commentary on the Whole Bible Volume III (Job to Song of Solomon) 1721
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A full translation of this code is given in Dr. Legge's Chinese classics, where a special chapter of The Book is devoted to it: in charging his officer to prepare it, the Emperor only uses the words "revise the punishments," and the code itself is only known as the "Punishments" (of the marquess who drew it up); although it also prescribes many judicial forms, and lays down precepts which are by no means all castigatory.
Ancient China Simplified Edward Harper Parker 1887
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Proportionality, and the Changing Meaning of 'Punishments'. "
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Punishments that did not seem cruel and unusual at one time may, in the light of reason and experience, be found cruel and unusual at a later time; [Stevens]
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Punishments that did not seem cruel and unusual at one time may, in the light of reason and experience, be found cruel and unusual at a latertime; ...
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First, the [Cruel and Unusual Punishments] Clause does not expressly refer to proportionality or invoke any synonym for that term, even though the Framers were familiar with the concept, as evidenced by several founding-era state constitutions that required (albeit without defining) proportional punishments.
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You could make a case that the Cruel and Unusual Punishments Clause is a lot more malleable and susceptible to evolution over time than most of the other provisions of the Constitution.
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Punishments that did not seem cruel and unusual at one time may, in the light of reason and experience, be found cruel and unusual at a later time; unless we are to abandon the moral commitment embodied in the Eighth Amendment, proportionality review must never become effectively obsolete, post, at 8 – 9, and n.
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- Ceasare Beccaria, 18th century criminologist, in On Crimes and Punishments
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- Ceasare Beccaria, 18th century criminologist, in On Crimes and Punishments
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