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IV
Ch. IX
§. Preliminary points
Means of compelling disclosure
Anglici
(6) (1)
Consent the Act. for whatever
the pain now penalty abrogated
by it?
13
Humanity
& wisdom of
English practice
Fallacy of
As to English practice, the same humanity, coupled with the
same wisdom, and the same incorruption — may be seen
in this as in so many other case
For wisd humanity and wisdom it exhibits
the pain it down — so expressed in old Law Fount
weights hanged upon a man's body till he is pressed to death
Tortured to death? used to what end? Only to force him
to under submitt himself in force to the power of the judge
by pronouncing the one word Guilty or the two words
Not Guilty: till after one or other of these formularies are uttered
the Judge will not hear the evidence: as if it could not nor
will be heard without or after them
14
Torture established
to provide compliance
Reward to produce
non compliance
Pity it is Neither the date of this law nor the name of the Judge
by whose authority it was virtuously enacted have has come down
to these terms. It might have figured with that of the author
of the Ellenborough Act, as if to for of encouragement
to perseverance, in one punishment — the English
Judge's favourite punishment death — the attempted end the
perpetration
To compleat the wisdom the same new once resplendent
humanity while establishing torture to produce compliance
established reward to produce non-compliance: whether Greater or not if that
guilty was the were the word, and conviction and judgment consent,
how properly would in the case in question go to the Manual
and, and the wife and children if he had any,
be deprived of it. But if, for the sake of his wife and children
he would consent to be thus sentenced to death, that part of his
punishment, the pain of sympathy was to him, and upon
his saying Not Guilty he would be recuse, if Guilty a chance of escaping
from
from punishment, by
one or other of those
means which English
Judges have grounded
in such abundance for
the preservation of the Guilty: for instance by bribing some underling of theirs to put into the instrument of accusation a word to which they had taken upon them as [1]
[1] is useful at any time it
pleases take upon them to
give that effect
Identifier: | JB/057/227/001 "JB/" can not be assigned to a declared number type with value 57.
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1825-03-23 |
13-14 |
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057 |
procedure code |
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227 |
procedure code |
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001 |
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text sheet |
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recto |
c6 / c1 |
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jeremy bentham |
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18557 |
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