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C
Composition and Conservation and Improvement
11.
In proportion as a law is, penal, care ought
to be taken in specifying all the circumstances
to prevent the subject from incurring punishment
in cases in which the legislator would
not mean to subject him to it. For this purpose
he ought to be the more exact in specifying all
the circumstances which he means should concur
before the subject can be made to incur the punishment. See 10.
Regulations of Procedure in what manner Part which the
to be Courts of Justice may take in making them.
In The course of human affairs, will exigencies will now and then unavoidably
produce exigencies arise which the of no
human legislator could foresee. Incidents will arise
which will in particular cases indicate the passion either the inexpediency
of limiting the discretion of the Judge in
the manner in which the Legislator has thought fit
in general to limit it, or the possibility, & therefore
the expediency of laying without inconvenience that
discretion & those proceedings under still farther limitations. Best of all
persons to whom in authority the Judges in the course
of whose administration such incidents arise, are the
only persons to whose notice those incidents are sure
to present themselves. If the Legislator can know
any thing about them at all it can only be either
from
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jeremy bentham |
[[watermarks::gr [crown motif]]] |
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