★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
"Upon this plan" (continues he) it is enough to vindicate
the lenity of the laws. that some instances same as
"the word some is by him printed in Italics) are to be found
"in each class of capital crimes, which require the restraint
"of capital punishment: and that this restraint could
"not be applied, without subjecting the whole class to the
"same condemnation."
More looseness of expression, more confusion of
ideas: the looseness ofin the expression having the confusion in the
ideas for its cause. the design object within which the paragraph
commenced being forgotten, and before the conclusion of it another, design
view, the opposite one taken up instead of it.
The view with which at the commencement of the
paragraph he started, in the way of suppostition as of
charged upon the system, is was the view of "cruelty": and this
is the charge against which at that period it uses his object he and stuck
to defend itthe defence of it. On this In this view, what, on this occasion,
supposing any such lesser word as the word Comity
employed - supposing any such quality as Comity
stated as belonging or not to belonging to the laws,it was requisite for him was -
to prove, and produce a persuasion of, the existence of it. Instead of this what
does he? he supposes this very quality charged upon
the laws as belonging to them, and that in a vitious degree, and
for a by way of defence against this charge, undertakes to
"vindicate" it: that is, to view admitting now instead
of proving - admitting now what he had undertaken
to prove - admitting the existence of Comity as a quality
belonging to those laws, that which what he, in conclusion he sets himself to to make out is - that though it does exist, it does not exist in any such design a can justly be termed excessive. Quere, how to make sense of this? Answer - by supposing that in saying vindicate he meant prove.
Identifier: | JB/107/232/001 "JB/" can not be assigned to a declared number type with value 107.
|
|||
---|---|---|---|
1809-01 |
1 |
||
107 |
law versus arbitrary power (a hatchet for dr paley's net) |
||
232 |
peines paley's net |
||
001 |
|||
text sheet |
1 |
||
recto |
e31 |
||
jeremy bentham |
th 1806 |
||
andre morellet |
|||
1806 |
|||
35223 |
|||