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This is the sort of reasoning which lawyers the new kind of lawyers, speaks
or makes: reasoning which leaves it altogether at the gate of the man of power
to take whatever course or agreeable and convenient to himself
6. Arbitrary power in the King: kind as to in a variety of persons
not sufficiently determined is distinctly brought to view, acting in the
character of his advisors:
1. Per Paley modes of employing capital punishment two - 1. assign it to few cases apply it invariably 2 assign it to many, apply it rarely - Per J.B - 3 assign it not at all as in Russia & Tuscany
In this arbitrary power, coupled with that exuberance
of capital punishments with which it makes so sweet a well-afforded
compound, may be seen the avowed delight of the Reverend
Dr Paley. +
+ Principles of moral and political philosophy. II. 27 .
ʃ.1.
"There are two methods" (says he) "of administering penal
"justice"
"The first method assigns capital punishments to few offences,
"and inflicts it invariably."
"The second method assigns capital punishments to
"many kinds of offences, but inflicts it only upon a
"few examples of each kind." Thus far Dr Paley.
Not to speak of any more, there was however, and is yet a third:
a third method ||
|| Also a 4th: viz. the not inflicting any punishment "invariably": but not every punishment subject to the exceptions constituted by the proper grounds for pardon.
with which, though notorious
to the last degree of notoriety, and as well as obvious to the last degree
of obviousness, neither his knowledge learning nor his logic had
suffered a present time with, even the not of capital
punishment to any offence, and thence not inflicting
it at all as in the Russian Emperor for example: not to
speak of Tuscany, or to look out for other instances.
Thompson follows a critical essay of three and a half
8vo pages: and a half and which though thus long, and moreover confused and desultory may be followed
not altogether without fruit, were it only that it might be seen to
what degree of perfection the debility of the necessary faculty
is capable of being brought, by the bondage of subscriptions!
Identifier: | JB/107/201/001 "JB/" can not be assigned to a declared number type with value 107.
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1809-01-27 |
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107 |
law versus arbitrary power (a hatchet for dr paley's net) |
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recto |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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35192 |
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