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28 Jany 1803
Note continued
In point of illegality, the utmost that can be alledged
against the punishment inflicted at that time penal inflictions thus condemned by the Bill of Rights is an
improper on the side of severity
in the exercise of power power plainly discretionary, power in its nature
and having by law no specific limits: in the case of the
their modern system of illegal punishments of our own time the punishment has in question <add> confined with it</add> legal question of legal
the legal position had in every instance had specific been marked out by the clearest limits and
by assigned to it by the clearest designation
of the letter very of the law very letter: and it is by the palpable transgression
of these limits already defined and by a course of contempt as direct and
a contempt as it is possible to manifest towards the
very letter as well as spirit of the law repeatedly declared will of the sovereign supreme power by which these limits were <add>had been marked out</add> that the enormities
thus condemned censured by the antient constitution have been committed
in the modern instance these our days.
In point of multitude of tran transgressions instances of transgression
for every act instance of illegal punishment in respect the
of which illegality could this have been imputed to the penal system
of that time, a hundred instances at least now might be
forms of the more cruel and more palpably illegal
masses of punishment with which the system administration of penal justice has
been thus been stained: in days.
Identifier: | JB/116/357/001 "JB/" can not be assigned to a declared number type with value 116.
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1803-01-28 |
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116 |
panopticon versus new south wales |
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357 |
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001 |
note continued |
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text sheet |
1 |
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recto |
e2 |
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jeremy bentham |
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37890 |
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