I know this question is super old, then again, so is the topic thus it is timeless. Trying to not duplicate things said above, there are just a couple differentiating facts to consider to sort out this answer. First, Mosaic Law, introduced through Moses, stated 40 lashes to be the max, if the crime deserved such punishment at all. Less was certainly likely and at the discretion of the judge and completely based on severity of crime. No more than 40 was allowed, but the reason cited was because it would publicly humiliate and degrade the person, not because it would kill them, which in no way could the whips used do. This law was in effect starting ~1400 B.C.
Romans had something entirely different. They used a flagellum whip (similar to the British cat-o'-nine-tails) for their scourging punishment (called verberatio). This whip used ball-bearings and shards to first hit the surface with the ball causing an instant swell with the barb/shard following it, shredding the skin. Many times arteries were exposed and skin hanging. It was insanely cruel and degrading by design. It was intended to bring someone up to the brink of death (but often would kill the offender as there was no definitive # of lashes). They implemented the 40-1 simply as a notion it was unlikely anyone could survive 40+ -- period. But sometimes they used it as an outright method for a death sentence.
Two entirely different methods and purposes. The Romans, let alone the flagellum used, didn't even exist when the Mosaic Law was given. Additionally, crucifixion was another insanely cruel device of the Romans. So cruel were they, neither of them were legal for a Roman citizen to be sentenced to.
In Jesus' case, he was under Roman discipline, handed over by the Jews, so no Mosaic Law was administered. Unfortunately for Jesus, He got two different punishments combined. As far as we can tell, nobody was ever sentenced to both verberatio AND crucifixion. Pilate only did the scourging to appease the Jews who wanted to kill Jesus. He did not believe Jesus was guilty of anything. So he had Jesus scourged in attempt to appease them and then release Him. So He probably didn't even receive 39, or at least only if the lictor thought it would not kill Him, as that was not the purpose. Note Pilate the entire time did not think Jesus deserved any punishment.
However, when Pilate brought out Jesus after the scourging, but ridiculed as the centurions would often do (in this case, dressed like a King), the Jews blew up. To avoid a riot and realizing getting nowhere, Pilate very reluctantly agreed to also have Him crucified, saying the [unwarranted] blood of Jesus be on the their own heads (the Jews).
Hope that helps sort it out.
Sources:
Bible (Deuteronomy 25:1-3, John 18-19, Mark 15, Matthew 27)
Reams of history on Roman laws and administration
Response last updated by MrNobody97 on Feb 20 2017.
Jan 12 2017, 2:39 PM