JB/107/193/001

Click Here To Edit

29 Janry. 1809
A Hatchet for
Structures in Paley's Net

1.

Per Paley modes of employing
capital punishment
two
1- assign it to few cases
apply it invariably.
2- apply assign it to many
apply it rarely.
Per J.B.
3.- assign it not at all,
as in Russia & Tuscany. p.1.

2.

Paley's justification of
the mode followed in
England a specimen of
mental debilitation produced
by subscription. p1.

3

Per Paley - Reason for
English practice, Cases
meet for capital punishment
depend on circumstances
impossible to be
defined till after the offence
has been committed. p.2

4

By the help of this doctrine,
which supposes that for
the administration of
penal law it is necessary
that Judges should be
invested with arbitrary power
the atrocities of Nero or
Caligula or any other atrocities
may find their justification. p2.

5.

Occasions for capital punishment
being thus inexpressible,
whenever inflicted,
no reason for its infliction
can ever be assigned p.3

6

Though oif those circumstances
have a name that
name that name is as
capable of being given
them before as after the
offence is committed. p.3.

---page break---

7

Per Paley (not attending
to the common law cases
of punishment of death) for
legislation to fix upon cases
meet for punishment, to
the Judge it may without
danger be left to apply,
or, in the exercise of this
lenity not to apply, the
punishment to the offence. p4.

8.

Forgetting that the non-exercise
of this lenity
amounts to the punishment
of death. p4.

9.

Per Paley + Power of relaxation
not given, punishment
would be inflicted
where undue or not inflicted
where deserved. p.5.

10

But what is here assumed
viz. that the punishment
of death is necessary is
not true, since from
malefactors as well as
from madmen who are
when at large are more
dangerous, all danger is
prevented by imprisonment. p5.

11

And the necessity disproved
by the example of
Tuscany compared with itself
at different periods & with
England. p5.

12

"Punishment wd be inflicted
when neither deserved nor
necessary"

The principle of sympathy
& antipathy which
supposes that punishment
is inflicted for the gratification
of vengeance has
here been employed instead
of the principle of utility
under which pain in this
or any other shape is not
inflicted except from necessity. p.5.

---page break---

13

By the sympathy & antipathy
followers vengeance
or ill will is regarded
not only as pointing out
the cases meet for punishment
but also the as
indicating the measure
of punishment to be
inflicted. p.7.

14

Paley — Death if invariably
inflicted would
be applied by the legislature
to a small number
of offences to the
exclusion of others in
which from being accompanied
with aggravated
circumstances it is required. p8.

15

This a repetition of the
same error that has been
answered above. p.8.

18

Paley — And it would
be known that such
offences might be committed
without danger
to offenders life p8. Ansd.

19.

Paley. Inflict death
in all cases in which
by circumstances of aggravation
it may require
to be inflicted, & laws
would be sanguinary
than endurable or necessary p9

20

But what is here assumed -
but without any
foundation is that it
is proper that the law
should in 9 out of 10
Cases be disregarded &
that they are unalterable. p.9.

21

- & that the power of
Pardon should be altogether
abolished. p.10.

Identifier: | JB/107/193/001 "JB/" can not be assigned to a declared number type with value 107.
Date_1	1809-01-29	Marginal Summary Numbering	1-21
Box	107	Main Headings	law versus arbitrary power (a hatchet for dr paley's net)
Folio number	193	Info in main headings field	/strictures on / a hatchet for/ dr paley's net
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	35184
Box Contents