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<head>Evid. <unclear>Prosp</unclear>. View 3</head> | <head>Evid. <unclear>Prosp</unclear>. View 3</head> | ||
<p>< | <p><del>The <gap/> A lot of punishment</del> The circumstances by <add>on</add><lb/> | ||
which the propriety or impropriety of a lot of punishment depends<note><!-- note in pencil -->5 Occasions for <add>capital</add> punishment<lb/> being thus<lb/> inexpressible <add><del>beforehand</del></add> whenever<lb/> inflicted no reason<lb/> for its infliction can<lb/> ever be assigned</note><lb/> | |||
capable of being perceived, and yet incapable of being expressed!<lb/> | capable of being perceived, and yet incapable of being expressed!<lb/> | ||
propriety of punishment depending <add>depends</add> upon circumstances<lb/> | propriety of punishment depending <add>depends</add> upon circumstances<lb/> | ||
altogether <add>indescribable and</add> inexpressible,or <del><gap/></del> what is as bad, capable of<lb/> | altogether <add>indescribable and</add> inexpressible,or <del><gap/></del> what is as bad, capable of<lb/> | ||
being on each individual occasion, expressed <add>and described</add> after the act has been committed, but not<lb/> | being on each individual occasion, expressed <add>and described</add> after the act has <!-- continues in margin --><note>been committed, but not<lb/> | ||
before: - expressed —<lb/> | before: - expressed —<lb/> | ||
always for the purpose of destruction, never<lb/> | always for the purpose of destruction, never<lb/> | ||
for the purpose of warning! | for the purpose of warning!</note> | ||
</p> | </p> | ||
<p><del>A lot of punishment</del> Under the rules which the Reverend<lb/> | <p><del>A lot of punishment</del> Under the rules which the Reverend<lb/> | ||
Doctor <del>< | Doctor <del><gap/></del> has provided for his guidance, suppose<lb/> | ||
a lot of punishment to have been administered by by the earthly<lb/> | a lot of punishment to have been administered by by the earthly<lb/> | ||
God of D<hi rend='superscript'>r</hi> Paley's and Doctor Blackstone's idolatry. A | God of D<hi rend='superscript'>r</hi> Paley's and Doctor Blackstone's idolatry. A curiosity<lb/> | ||
is conceived by a pupil of | is conceived by a pupil of this school - <del>on</del> a<lb/> | ||
presumptuous curiosity indeed - but not <add>yet</add> too presumptuous<lb/> | presumptuous curiosity indeed - but not <add>yet</add> too presumptuous<lb/> | ||
to be conceived - a curiosity to know whether the <del>punishment</del><lb/> | to be conceived - a curiosity to know whether the <del>punishment</del><lb/> | ||
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the propriety of it is therefore not of <add>above</add> dispute <add>superior to all</add>: but<lb/> | the propriety of it is therefore not of <add>above</add> dispute <add>superior to all</add>: but<lb/> | ||
as to the being enumerated or defined, or at least <add>understand</add> enumerated<lb/> | as to the being enumerated or defined, or at least <add>understand</add> enumerated<lb/> | ||
and defined beforehand — at any | and defined beforehand — at any rate with that<lb/> | ||
exactness which is requisite in legal discussion — <del>this</del> <add>is</add><lb/> | |||
<add>in other words to be expressed with any sufficient exactness -</add> is what it is <unclear>not</unclear> in the nature of such circumstances<lb/> | <add>in other words to be expressed with any sufficient exactness -</add> is what it is <unclear>not</unclear> in the nature of such circumstances<lb/> | ||
to be susceptible of.</p> | to be susceptible of.</p> | ||
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they what they may, <unclear>hear</unclear> they or <unclear>hear</unclear> they not <add><unclear>not they is</unclear> <gap/> they not susceptible of</add> a <unclear>name</unclear>?<lb/> | they what they may, <unclear>hear</unclear> they or <unclear>hear</unclear> they not <add><unclear>not they is</unclear> <gap/> they not susceptible of</add> a <unclear>name</unclear>?<lb/> | ||
If yes, what should hinder its being delivered beforehand? If no,<lb/> | If yes, what should hinder its being delivered beforehand? If no,<lb/> | ||
how is it capable of being delivered afterwards! <note><!-- in pencil -->6 Though if those circumstances have a name that name is as capable of being given to them before as after the offence is committed.</note></p> | how is it capable of being delivered afterwards! <note><!-- in pencil -->6 Though if those<lb/> circumstances have<lb/> a name that name<lb/> is as capable of being<lb/> given to them before<lb/> as after the offence<lb/> is committed.</note></p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
27 Jan 1809. Evid. Prosp. View 3
The A lot of punishment The circumstances by on
which the propriety or impropriety of a lot of punishment depends5 Occasions for capital punishment
being thus
inexpressible beforehand whenever
inflicted no reason
for its infliction can
ever be assigned
capable of being perceived, and yet incapable of being expressed!
propriety of punishment depending depends upon circumstances
altogether indescribable and inexpressible,or what is as bad, capable of
being on each individual occasion, expressed and described after the act has been committed, but not
before: - expressed —
always for the purpose of destruction, never
for the purpose of warning!
A lot of punishment Under the rules which the Reverend
Doctor has provided for his guidance, suppose
a lot of punishment to have been administered by by the earthly
God of Dr Paley's and Doctor Blackstone's idolatry. A curiosity
is conceived by a pupil of this school - on a
presumptuous curiosity indeed - but not yet too presumptuous
to be conceived - a curiosity to know whether the punishment
exercise thus made performed if the power of punishment
was proper or improper. This curiosity could it on
the principles of the Reverend Doctor ever possess the smallest
chance of obtaining satisfaction? Impossible: Not it indeed: the circumstances
in which the propriety depends were it is true
capable of being perceived, and were perceived accordingly,:
the propriety of it is therefore not of above dispute superior to all: but
as to the being enumerated or defined, or at least understand enumerated
and defined beforehand — at any rate with that
exactness which is requisite in legal discussion — this is
in other words to be expressed with any sufficient exactness - is what it is not in the nature of such circumstances
to be susceptible of.
Incapable of being enumerated or defined beforehand: and
yet according to the admission insinuated, thus , not incapable capable of being
enumerated or defined afterwards! These circumstances be
they what they may, hear they or hear they not not they is they not susceptible of a name?
If yes, what should hinder its being delivered beforehand? If no,
how is it capable of being delivered afterwards! 6 Though if those
circumstances have
a name that name
is as capable of being
given to them before
as after the offence
is committed.
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Identifier: | JB/107/203/001"JB/" can not be assigned to a declared number type with value 107. |
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1809-01-27 |
5-6 |
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107 |
law versus arbitrary power (a hatchet for dr paley's net) |
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203 |
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001 |
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text sheet |
1 |
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recto |
c3 / e3 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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35194 |
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