JB/004/404/002

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1830 Nov. 17
J.B. to France against Death

10. The circumstances which, with reference to the present question
renders this part of the effect of death punishment
of so much importance, is with reference to the present question, is
is – that it is in so high a degree serviceable to the sinister
interest of the possessor high functionary in whose hands the power
is lodged. It thereby reputes rebutts the presumption presumption afforded in
favour of death punishment by the circumst universality
of the use application made of it. To various causes of aberration
from the rule of path of good conduct will be seen to have
been owing this universality, the extensiveness of the adoption given to it: to the various causes
abovementioned of which its subserviency o this same particular interest
is the principal and original one use: the other – to wit interest
-begotten prejudice, authority-begotten prejudice, and custom-begotten
prejudice, being the others.

11. Pernicious to in no inconsiderable degree amount may be such
in a limited Monarchy, may be and is to the existence of a functionary with a disposing power of
this sort having for its subject matter the infliction of death punishment.

12. Dangerous in no inconsiderable degree In a commensurable
would be the existence of a public functionary not only in this way mischievous, but moreover dangerous to
the existence of the Constitution would be the existence of a public
functionary possessed of this power of life choosing between life and death,
supposing his continuance in office continues with his life, or
lasting for any such long-continued term.

13 Two theories these, each of them in no small degree
important.

13. How to minimize this actual evil and this
additional danger: a problem this, deduced from the
abovementioned theories, and deriving from them a correspondent
degree of importance.

Of this problem I have attempted endeavoured at and I hope accomplished
the solution. In my proposed Penal Code it would
find its place. But it not being in strictness appertaining exactly relevant with relation
to the present purpose, you will not I shall not at present attempt to trouble
you with the consideration
of it.

Identifier: | JB/004/404/002 "JB/" can not be assigned to a declared number type with value 4.
Date_1	1831-10-15	Marginal Summary Numbering
Box	004	Main Headings	lord brougham displayed
Folio number	404	Info in main headings field	bankruptcy court bill observations
Image	002	Titles	from the globe of octr 15 leader
Category	printed material	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner		Watermarks	j whatman turkey mill 1828
Marginals		Paper Producer	jonathan blenman
Corrections	jeremy bentham	Paper Produced in Year	1828
Notes public		ID Number	2325
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