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<head>Peines</head><!-- headings in pencil --> | <head>Peines</head><!-- headings in pencil --> | ||
<p><unclear>Pardon</unclear> should be the <unclear>rare case</unclear>. <unclear>disagree | <p><unclear>Pardon</unclear> should be the <unclear>rare case</unclear>. <unclear>disagree</unclear> inferred from <hi rend="underline">negligence</hi>.<lb/> | ||
For if laws were made with the new <gap/> though more <unclear>detailed</unclear> <unclear>intention</unclear> of<lb/> | |||
<unclear>their being</unclear> <gap/> <unclear>in</unclear> nine instances out of ten.</p> | <unclear>their being</unclear> <gap/> <unclear>in</unclear> nine instances out of ten.</p> | ||
<p><note><!-- note in pencil -->Paley 3 Which is different from the power of pardon. the dispensing power as now exercised being the <unclear>rule</unclear> - <del>power</del> pardon only an exception & that for reasons assigned</note> | <p><note><!-- note in pencil -->Paley<lb/> 3<lb/> Which is different<lb/> from the power of<lb/> pardon. the dispensing<lb/> power as now exercised<lb/> being the <unclear>rule</unclear><lb/> - <del>power</del> pardon only<lb/> an exception & that<lb/> for reasons assigned</note> | ||
Not I indeed: <del><gap/></del> <unclear>is | Not I indeed: <del><gap/></del> <unclear>is any</unclear> conception of the matter<lb/> | ||
between the possession and exercise of a power of <hi rend="underline">pardoning</hi><lb/> | between the possession and exercise of a power of <hi rend="underline">pardoning</hi><lb/> | ||
on the one hand, and the exercise of <add>what is so well known under the name of</add> a <hi rend="underline">dispensing</hi> power<lb/> | on the one hand, and the exercise of <add>what is so well known under the name of</add> a <hi rend="underline">dispensing</hi> power<lb/> | ||
there exists a perfectly <add>very</add> clear and distinguishable difference.<lb/> | there exists a perfectly <add>very</add> clear and distinguishable difference.<lb/> | ||
As to the power of pardon, the latitude <add | As to the power of pardon, the latitude <add>field of motion</add> that according to<lb/> | ||
any conception of the matter ought to be given to it, <add>marked out for it</add><lb/> | |||
as well as by what authority, has already been brought<lb/> | as well as by what authority, has already been brought<lb/> | ||
to view. Such is not the field actually marked out:<lb/> | to view. Such is not the field actually marked out:<lb/> | ||
| Line 23: | Line 23: | ||
all in a state of waste: no <sic>inclosure</sic>. <add>no determinate boundaries,</add> no boundary<lb/> | all in a state of waste: no <sic>inclosure</sic>. <add>no determinate boundaries,</add> no boundary<lb/> | ||
line any where | line any where | ||
<note>[+] In the field of law as in the field of agriculture - every thing kept as much <add>far</add> as possible in a state of wilderness under the influence of the same narrow and sinister interest - and by the same < | <note>[+] In the field of law<lb/> as in the field of agriculture<lb/> - every thing<lb/> kept as much <add>far</add> as possible<lb/> in a state of wilderness<lb/> under the influence of the<lb/> same narrow and sinister<lb/> interest - and by the same hands</note></p> | ||
<p>But though boundary lines are here wanting,<lb/> | |||
<hi rend="underline">principles</hi> are not: and if <add>in the English constitution</add> there is one principle better<lb/> | |||
settled <unclear>these</unclear> matters, it is that <add><del>the power</del> of</add> pardon <del>should not</del><lb/> | |||
<add>neither this power nor any other, should</add> be exercised on such <hi rend="underline">grounds</hi>, and with such <hi rend="underline">frequency</hi>,<lb/> | |||
as to swell into, and be rendered equivalent to, a dispensing<lb/> | |||
power. <add>Go on.</add></p> | |||
<p>It was for exercising a dispensing power <add>this very sort of power</add> that<lb/> | |||
James was driven from the throne: it was to prevent the<lb/> | |||
exercise of this very sort of power that William was<lb/> | |||
put into his plan.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
29 Jany 1809 Peines
Pardon should be the rare case. disagree inferred from negligence.
For if laws were made with the new though more detailed intention of
their being in nine instances out of ten.
Paley
3
Which is different
from the power of
pardon. the dispensing
power as now exercised
being the rule
- power pardon only
an exception & that
for reasons assigned
Not I indeed: is any conception of the matter
between the possession and exercise of a power of pardoning
on the one hand, and the exercise of what is so well known under the name of a dispensing power
there exists a perfectly very clear and distinguishable difference.
As to the power of pardon, the latitude field of motion that according to
any conception of the matter ought to be given to it, marked out for it
as well as by what authority, has already been brought
to view. Such is not the field actually marked out:
for in this as in so many other spots or portions of the field of
laws all is yet in the state of primaeval barbarism -
all in a state of waste: no inclosure. no determinate boundaries, no boundary
line any where
[+] In the field of law
as in the field of agriculture
- every thing
kept as much far as possible
in a state of wilderness
under the influence of the
same narrow and sinister
interest - and by the same hands
But though boundary lines are here wanting,
principles are not: and if in the English constitution there is one principle better
settled these matters, it is that the power of pardon should not
neither this power nor any other, should be exercised on such grounds, and with such frequency,
as to swell into, and be rendered equivalent to, a dispensing
power. Go on.
It was for exercising a dispensing power this very sort of power that
James was driven from the throne: it was to prevent the
exercise of this very sort of power that William was
put into his plan.
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Identifier: | JB/107/215/001"JB/" can not be assigned to a declared number type with value 107. |
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1809-01-29 |
3 |
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107 |
law versus arbitrary power (a hatchet for dr paley's net) |
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215 |
peines |
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001 |
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text sheet |
1 |
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recto |
e14 |
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jeremy bentham |
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35206 |
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