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"to be founded on the consideration that
"the selection of proper objects for Capital
"punishment principally depends upon
"circumstances, which, however easy to
"perceive in each particular case, after
"the crime is committed it is impossible
"to define or enumerate before hand; or
"to ascertain however with that exactness
"which is requisite in legal descriptions"
This is as much as to say that it is
impossible for the business of punishment
to be carried on but by power completely
arbitrary. The circumstances on which
the propriety of punishment which has
been inflicted depends — impossible to define
and enumerate beforehand! and
yet these same circumstances easy to
perceive after the crime has been committed.
A Nero or a Caligula if it
were an object with them to find a
justification for their barbarities would
it be possible for them to devise or wish for
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Identifier: | JB/107/280/002 "JB/" can not be assigned to a declared number type with value 107.
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107 |
law versus arbitrary power (a hatchet for dr paley's net) |
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280 |
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002 |
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copy/fair copy sheet |
2 |
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recto |
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[[watermarks::[simplified hanoverian royal arms] 1821]] |
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1821 |
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35271 |
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