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29 Jany. 1809 Strictures on Paley's Net
1
Per Paley — Policy of
English law to sweep all
into a net & then make
selections for punishment. p.13.
2
Erroneousness & mischievousness
of this doctrine.
1. In 9 out of 10 cases
it gives the King a
dispensing power. p13.
3.
Which is different from
the power of pardon —
the dispensing power
as now exercised being
the rule — pardon only
an exception & that for
reasons assigned. p14
4
"law constructed on
"better policy." —
This supposes a comprehensive
view of
to have been taken of
the field of legislation
but no such view has
been taken except for the
purpose of keeping the
law as bad as possible. p15
5
For the financial part
of the law an Inspector
exists - viz. the Chancellor
of the Exchequer; - but
for the other part though
equally requiring controul
no such officer
exists. p.15.
6
The construction supposed
by Paley not being
ascribable to any specific
architect - all that
he could do was to
make the description
serve for the justification
of it. p.15.
7
Paley - "Offenders swept into
by numerous Statutes.
Number of Statutes creating
capital punishment
no part of compleatness
since however numerous p 16.
8.
"Sweeps into the net"
Fishing probably & not
clerical habits suggested
to Paley the justification
of the English law by this
metaphor. p 17.
9.
a supposition involved
in this metaphor as above
& which is as above groundless,
is that though it
may be done after, it is
impossible before the
crime is committed to
give expression to the circumstances
which constitute
ground for punishment. p. 18.
10
"The execution of the sentence
is "deliberated upon."
Meaning not by the
King for that is impossible,
but by the Judge,
which supposes what was
before, & is just after
pronounced impracticable,
that the Judge
in words eventually
express the circumstances
calling for capital
punishment in each
particular instance. p 19.
11
"Not describable with the
"accuracy requisite for
"a legal description."
But the faculty of
giving the requisite accuracy
is not so rare as is
here supposed all that
is required being the
expressing common
ideas such as description
of goods, times, &c. in
common language. p 20
12
If prevention were aimed
at by Paley (which quy)
describing the crime to
be prevented & leaving
it undescribed would
be the more effectual way
of accomplishing his object. p.21.
1
Paley - "Few suffer all in
danger."
That danger is not thus
operative is proved by
the example of Soldiers
& Sailors who for a
much less temptation
incurr a much greater
danger. p. 23.
2
And it is moreover inconsistent
with his
own assertion that
certainty is of more importance
than severity. p. 23.
3
"Law tender" - the tenderness
is not in the
law but in the violators
of it. p 24.
4
"Life spared as far as
"necessity of intimidation
"permitts."
This an assumption,
unbottomed in reason,
to justify continuance
of arbitrary power in
unknown hands. p 14.
5.
"Enormous crimes will
"not be encouraged
"since if not death some
"other punishment is
"inflicted."
But this a reason
applicable, if at all
not particularly to
the present system
of punishment but
with equal propriety
to any other system. p.25.
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Identifier: | JB/107/194/001 "JB/" can not be assigned to a declared number type with value 107.
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1809-01-29 |
1-12, 1-6 |
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107 |
law versus arbitrary power (a hatchet for dr paley's net) |
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194 |
strictures on paley's net |
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marginal summary sheet |
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recto |
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th 1806 |
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andre morellet |
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1806 |
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35185 |
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