JB/135/158/002

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1830 Dec. 12

J. B. & France against Death

ult
Death §.V. Vice & Evil of
Parliamentary

Pardon
— its addition an evil from
death punishment

2

2
Evils produced by it,
1 Evil is withholding public Opinion's
controul over Pardons.
Convict living, remaining
punishment remissible;
compensation recoverable,
not, convict dead.
Thus to the extent to
which death punishment
applies arbitrary uncontrouled power
is substituted to controuled

2. 2. Evils produced by it. 1. Evil 1. So long as the individual in question — the convicted delinquent is
in the land of the living, public opinion relaxes its power, — its
controuling power — over the pardon power holding functionary.
The of injured struck by punishment
may at any time not only be released p from that part of it which
would otherwise have been future: and even to to receive
compensation for that part of it which is being past and has been
already under. On the other hand No sooner is the breath out of
the body, than the oppression-controuling power of the Public
Opinion is at an end: no compensation none;
remission of the remaining remainder of the punishment or any part of it,
none. Thus it is that, to the whole extent of the field
to which death punishment applies limited and controuled
is made to give way place gives place to unlimited power compleatly, uncontrouled, in a word to arbitrary
power

3
3. Evil. 2.
Under a limited
Monarchy, Pardons the
King sinister interest
given to him — interest
in applying giving
by means of his
share in the legislative
power maleficent extent
to his singly
ex executive giving
pardon power: and
rendering it in so far
uncontrouled and arbitrary

3. Evil. 2. In the case here in question supposed, the functionary in
whose hands is lodged this power of pardoning is the
same as he in whose hands is also lodged an individual
portion of supreme that is to say commonly a third part of and in the legislative power. By this means
and in this way it an interest is given him in employing
such his legislative power in maximizing the giving the greatest extent possible to the field of his
administrational — that is to say his pardoning — power Correspondent
to and co-extensive and coincident with the
portion of the field of delinquency to which application is made of
death punishment of death with portion throughout which in
his hands power which otherwise would be limited and
controuled is thus charged to his use improved into p — unlimited
uncontrouled arbitrary: and not small (you
will see) is the sinister profit which from this transfiguration is derived
by him.

Identifier: | JB/135/158/002 "JB/" can not be assigned to a declared number type with value 135.
Date_1	1831-11-06	Marginal Summary Numbering
Box	135	Main Headings	posology
Folio number	158	Info in main headings field	posology
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3
Penner	jeremy bentham	Watermarks	street & co 1830
Marginals		Paper Producer	antonio alcala galiano
Corrections		Paper Produced in Year	1830
Notes public		ID Number	46276
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