JB/116/013/001

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Continuation of Note Note
3. Incapacitation

Note to Incapacitation p.57.

Whether this preventive effect was among the considerations that gave
birth to measure change I do not pretend to know: One should rather hope I hope it never was not
your Lordship I hope has not forgot yet lost sight of the inevitable
still has not yet forgot that whatever is gained in this way by this means
in the way of preventive efficacy, is gained at the expence of justice civil and:
constitutional laws as well as natural justice. It is by tearing Magna
Charta to pieces, to patch up a bad measure of police. One The
way, and but one there is of only way to effect the is to reimport the
convicts back again at the public expence on the expiration
of their terms. On those terms certainly but on no others, if the more the
closely the ports can be sealed up against more expences the better.
ports can be hermetically sealed, so much the better.

Strengthening physical bars obstacles for the purpose of debarring this from the recurrent of and legal rights want it should be.

Whether this preventive effect was among the considerations
that gave birth to the change, I do not pretend to
know:— One should rather hope it were not. Your Lordship
has not The observation still remains in full force—that
whatever is gained in this way nothing can ever be gained, that is
not gained at the expence of law and justice: by
tearing Magna Charta to pieces to patch up a bad
measure of police. If, by a reimportation at the public
expence, the banishment of these exiles were made regularly to cease
as soon as it ceased to be legal, on these terms and no
others, might well under that exception the the ports be sealed up against their comrades
the exclusion of all other means of return be excluded, without
prejudice to justice might (whatever became of trade) be reconciled to justice. "Nullus liber homo
... exuletur ... nisi per legale judicium parium suorum vel per
legem terrae. Violating this right by deeds while it is allowed
by words, is tearing Magna Charta to pieces to patch up
a bad measure of police.

Identifier: | JB/116/013/001 "JB/" can not be assigned to a declared number type with value 116.
Date_1		Marginal Summary Numbering
Box	116	Main Headings	panopticon versus new south wales
Folio number	013	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	1800
Marginals		Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	37546
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