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JB/107/209/001

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Jany 1809 Peines

"On the other hand" (continues he) "if, to reach these possible
Policy 19 If apply Inflict Inflict death in to all cases is which in which by circumstance of aggravation it may require to be inflicted & laws would be sanguinary than endurable or necessary.
"cases, the whole class of offences to which they belong be
"subjected to pains of death, and no power of remitting this
"severity remain any where, the execution of the laws will
"become more sanguinary than the public compassion would
"endure, or than is necessary to the general severity."

The case he has all along in view and to which
20 But that is here assumed but without any foundation is that th it is proper that the laws should in 9 out of 10 cases be disregarded and that they are unalterable.
for the purpose of justifying it he all along shapes his
argument is the practice which among the highest powers
he supposes to prevail - viz. for one out of every ten judgments instances
of capital sentencing to a man to the punishment of
death, the law obeyed conformed to to on the part of them who have
mere obedience to it, disobeyed and dispensed with on
the other nine. This state of things in his view exhibits is, as he presently
after declares, the very perfection of good policy: nor will
he permitt himself to conceive as possible any other
course than that of either keeping as fact these emergency laws
exactly as they stand and giving

A proposition he assumes as a postulate is — that these
sanguinary laws by according which every man who does every thing
wrong is to be hanged must stand exactly as they are
at any rate: the supposition of them not standing even in the way of is a supposition
too painful for his endurance. Proceeding on this
supposition he puts his question shall they be execution be
given to them as at present in no more one time only out of ten,
as at present or in all ten ten out of ten? His answer is — in one out
time only of: and that one time being in my conception of the matter
one time too many
as to this single point, laying
out of the case the means
whereby the reduction is
effected, I of course can
see no reason for from .



Identifier: | JB/107/209/001
"JB/" can not be assigned to a declared number type with value 107.

Date_1

1809-01-29

Marginal Summary Numbering

19-20

Box

107

Main Headings

law versus arbitrary power (a hatchet for dr paley's net)

Folio number

209

Info in main headings field

peines

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

e9

Penner

jeremy bentham

Watermarks

Marginals

pr1

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

35200

Box Contents

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