JB/050/142/001

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CERTAINTY. Pardon.

The exercising of the prerogative of pardon is can be justifiable only in 2 cases - either 1st when it can be done so that it will not without heighthening augmenting the presumption of impunity; or 2dly when though it is will seen that it must contribute to heighten that presumption, yet the case in question is such that the chance of mischief thereby done incurred is not equivalent to the actual misery which would be inflicted produced by the execution. It must immediately be seen, that the existence of matter of fact in the latter case is incapable of pardon can never be verified explicit verification: & hence it is dangerous to admitt this case at all. - As to the former case, the instances where it may takes place may be comprized under general rules. Those who make clemency a matter of commendation
to a prince, & infer a merit from the naked
fact of his punishing seldom, never consider
that they must first make him a Tyrant in order to before they can
put him in a capacity to receive their
compliment — They must suppose him not
to regard the interests of society in the infliction
of his punishments, in which case, & in which case only, abstractedlying from the circumstances
of each particular case affair, it is a can be pronounced
commendable to make them cease — Whom Let us
they be taken away but suppose in any case that they the taking of them
away can be performed are not necessary for the without frustrating the
purpose of prosecution, the exercise of it is not a
Duty: a Duty the merit of fulfilling which is just as
great but no greater than as that of inflicting them
where they are.

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To Pardoning simply & in the abstract can be pronounced
a merit only in the dealings of individuals
with each other The matter of expediency being settled, Pardon is an act of Justice, as much as Punishment. Pardoning is a branch of Justice the exercise of which cannot be governed by any certain rules

In the abstract as between the Sovereign &
individual no certain rule can be established collected
concerning the preference to adjust the preeminence between infliction Punishment
& remission Pardon - or if there can, it determines it
rather in favour of Punishment: for to carry each
disposition to it's utmost: it is certain that to
punish always in every case is better than in every case to to pardon. always

Mercy which is correlative to Vengeance, I would be glad to see blotted out of the vocabulary of Jurisprudence. [though a noble] however estimable an ingredient in the character of a private person] To punish or to pardon is according as the matters
of fact present & future are concluded - is settled, a duty; but as the settle
it must belong to him on when the duty
hence it is that he can cannot be in exercise of it by any rules of
it remains a matter not of perfect, but as it
called of imperfect obligation.

Identifier: | JB/050/142/001"JB/" can not be assigned to a declared number type with value 50.
Date_1		Marginal Summary Numbering
Box	050	Main Headings	procedure code
Folio number	142	Info in main headings field	certainty pardon
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	f1 / f2
Penner	jeremy bentham	Watermarks	[[watermarks::[lion with vryheyt motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16133
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