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The British Constitution
29 Jany 1803
Conclusion
As to every thing that concerns motives and extenuations—
As to the motives by which any of the transgressors may be supposed
to have been led into transgression, and the as to any observations
in the way of in extenuations that may be supposed capable of being grounded
on those motives, discussions on any such topics as these, on this topic would might in
the present stage of the business be regarded as premature.+1
The
essential point is to make provision to be made for the the healing the wound that has thus been given by the Constitution
safety of the Constitution: to it: that object being accomplished that being provided for, by
the requisite and laws—every thing else may in comparison
be deemed of slight of it light importance.+2 The essential concern is period on no account
to be lost sight of is, for futurity: that being provided for at any rate, it is a
matter of little comparative moment, what degree of indulgence
may accompany the retrospect, which can not but
altogether be omitted to be be taken of the past. The fact of transgression declared,
then would come the consideration of the punishment, censure, if any, and
the deductions are set off, to be made, on the score of motives,
intentions, and past services, real or supposed in other . All would
be lost—the constitution would be betrayed and sold sacrificed,
if dazzled by the lustre that the head of even the this or that
delinquent,+3 most illustrious of criminals delinquents, were to be regarded as composing /giving
legality to this offence
a sanction for the crime. It was did not in the case of James
the second: it did was not in the case of that misguided, but yet
most religious though so unhappily religious, King: it saved him not
from forfeiture, much less from verbal censure. It remains to be seen whether Shall this Constitution
which at in the close of 17th Century even a King was punished and expelled
for violating, whether it is to be away, and made a sacrifice of to the pride of this or that
domineering subject, in the 19th century
—this maturer age, in this supposed period of supposed constitutional improvement in legislation, and more surely established rights.
+1 The essential object subject of
sollitude is the
Constitution: the essential
operation,
+2 and may
committed without
much Danger be
left afloat to float upon
the tide of popular
and party favour.
+3 the eye of Parliament
were to
shew itself insensible
to the distinctions
between right
and wrong, and the quality
quality character of the a criminal delinquent
were to be accepted as a warrant
giving justification to the
offence for the crime.
Identifier: | JB/116/373/001 "JB/" can not be assigned to a declared number type with value 116.
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1803-01-29 |
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116 |
panopticon versus new south wales |
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373 |
the british constitution |
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recto |
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jeremy bentham |
1800 |
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1800 |
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37906 |
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