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CERTAINTY Judgment
An absurd point of Law respecting this hand is, that if
the Judgment there be contain any class thing precision beyond the authority
of the Court, instead of being reversed or altered for taste
and confirmed as to the rest, it must be reversed
altogether, & thus [sed de hoc qui?] the offender
tho' ever so atrocious must go unpunished —
This is a clear power of Pardon exemption in a Judge
if he thinks proper to use it.
Judgment where the punishment is fixed, is
nothing as it were but a a declaration of the Law already existing Warrant: where it
is discretionary, it is an assurance. It is a
modification of the Law: it is within certain
& instructions an ex post facto enactment of a new Law, adapted to the particular case.
Identifier: | JB/050/149/001 "JB/" can not be assigned to a declared number type with value 50.
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050 |
procedure code |
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149 |
certainty judgment |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
[[watermarks::[partial lion with crown motif]]] |
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16140 |
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