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29 Jan 1809 Peines 189
Paley Deliberated upon
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 just before & is just after pronounced impracticable, that the Judges in words express actually thus express the ground on which circumstances calling for capital punishment in each particular instance
"Deliberated upon"? the execution of the sentence
deliberated upon? - how and by whom? By the
King when alone, conversing with himself alone thinking in his own person? A supposition
so extravagant can hardly have been intended:
his Majesty. whole time for a task like this, the whole <add>disposable time of this royal person</add> would hardly be sufficient for it.
Deliberated upon by persons more than one, Speaking
as well as thinking together? If so, observe the consequence.
Of the materials for such thinking, a part, and by the
Reverend Doctor the part first mentioned, consist of the
"general" character of the crimes of those in whose instance
the execution of the this sentence, i.e the question whether
to put them to death or suffer them to live according to law, or save <add>them from it in disobedience to the </add> is thus
taken for the subject of deliberation. But In this
But this "general" character of the crimes in question,
by what means is it to be rendered the subject of the
deliberation - of the conversation the existence of which
be for is thus assumed, and with so much <add> a satisfaction contemplated?</add> is so decidedly assumed and so thoroughly
approved of? By what means, but by general
words, in the same way as in being the same instruments by which in in relation to any other
subject, general ideas are by such as are capable of them wont to be expressed? Here
then, in this page it seems, that the circumstances in
question - viz the circumstances on which the propriety or
impropriety of inflicting capital punishment turns are
perfectly compleatly capable of being expressed: which at the same time
in the next preceding page but on these same circumstances
were as inexplicably decidedly and insuperably - inexpressible: "circumstances which,
"however easy to perceive" ...... "it is impossible to enumerate
"or define."
Identifier: | JB/107/220/001 "JB/" can not be assigned to a declared number type with value 107.
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1809-01-29 |
10 |
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107 |
law versus arbitrary power (a hatchet for dr paley's net) |
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220 |
peines |
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001 |
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text sheet |
1 |
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recto |
e19 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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35211 |
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