JB/107/205/001

Click Here To Edit

Jan 7 1809 §.2 11 Peine's Paley Net 5

Ch Paley 9 Per Paley Power of relaxation not given punishment would be inflicted where not undue or not inflicted where deserved
"Without the power of relaxation lodged ()
"in a living authority, either some offenders would escape
"capital punishment, when the public safety required to
"suffer; or some would undergo this punishment, where
"it was neither desired nor necessary."

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 ar when at large are more dangerous all danger is prevented by perpetual imprisonment
The most persuasive — and thence, where erroneous
and pernicious, the most pernicious — mode of assertion, is
the indirect that conveyed in the indirect the oblique form by implication
or assumption. In this pre eminently deceptitious mode is the here conveyed the
proposition that there are cases, and those of ordinary
occurrence, in which the punishment of death is necessary
to the public safety. In the general nature of things, this can
not be true: because for by imprisonment the if perpetual,
whatever danger the public could might otherwise be exposed to,
is no less effectually prevented than it could have been
by death. A From a maniac, of the furious cast if left at large, from a
maniac, if left at large, especially if of the furious cast, the public has incomparably
more to apprehend, than it can have from a malefactor of the most
atrocious cast: since by a malefactor as such no mischief is
ever done, but in pursuit of some special advantage
with a rational reasonable prospect of impunity as well as of
success: of which several limitations there is not one that
operates in favour of the public in the madman's case:

11 The And necessity disproved by the example of Tuscany compared with itself & with England
In particular experience In its application to malefactors this supposed necessity has in
a pointed manner been disproved by experience. In the Grand Duchy of
Tuscany, under the government of Leopold afterwards Emperor
for a course of years no offence was capitally punished or in no instance was this punishment inflicted
is by law capable of being inflicted, and yet neither does the public to
public security experience
to in any greater degree
in point of mischief nor to any greater extent
in point of frequency
did the public security
suffer violation: than in an equal number of years under the influence system of capital punishment in that same country during a former period or in other
countries and particularly in England.

Identifier: | JB/107/205/001 "JB/" can not be assigned to a declared number type with value 107.
Date_1	1809-01-27	Marginal Summary Numbering	9-11
Box	107	Main Headings	law versus arbitrary power (a hatchet for dr paley's net)
Folio number	205	Info in main headings field	peines paley's net
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c5 / e5
Penner	jeremy bentham	Watermarks	th 1806
Marginals	pr1	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	35196
Box Contents