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<p>2 Feb<hi rend="superscript">y</hi> 1803</p> | <p><!-- written in pencil -->2 Feb<hi rend="superscript">y</hi> 1803</p> | ||
<p>Note continued</p> | <p><!-- written in pencil -->Note continued</p> | ||
<p>viz: in the instance of all Convicts, who being <del>under</del> at<lb/> | <p>viz: in the instance of all Convicts, who being <del>under</del> at<lb/> | ||
that time under sentence of transportation for limited terms<lb/> | that time under sentence of transportation for limited terms<lb/> | ||
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<add>can not</add> <del>suppose</del> <add>however be denied, that the form</add> of legislation have at any rate been applied to<lb/> | <add>can not</add> <del>suppose</del> <add>however be denied, that the form</add> of legislation have at any rate been applied to<lb/> | ||
it.</p> | it.</p> | ||
<note>5<lb/> | |||
<p>But the greater the addition thus made <add>to the quantum of punishment</add> by this<lb/> | |||
operation of <sic>encreased</sic> and <add>as it were clandestine</add> unperceived <del>severity</del> though<lb/> | |||
neither illegal nor unconstitutional severity, the<lb/> | |||
greater ought to have been the care not to make<lb/> | |||
any <add>such</add> further <del>addition to it by</del> and beyond comparison<lb/> | |||
more enormous addition to it, by operations this<lb/> | |||
palpably illegal, flagrantly unconstitutional, and <add><sic>compleatly</sic></add> <del>perfectly</del><lb/> | |||
indefensible.</p> | |||
<note><!-- written in pencil -->5<lb/> | |||
But after so large<lb/> | But after so large<lb/> | ||
an addition made<lb/> | an addition made<lb/> | ||
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so much the more<lb/> | so much the more<lb/> | ||
inexcusable.</note> | inexcusable.</note> | ||
<note><!-- written in pencil -->From this <gap/><lb/> | |||
of <gap/> it is<lb/> | of <gap/> it is<lb/> | ||
evident that the legal<lb/> | evident that the legal<lb/> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
2 Feby 1803
Note continued
viz: in the instance of all Convicts, who being under at
that time under sentence of transportation for limited terms
under the old system, were thus in consequence of
this new system subjected in this way to the a prolongation of their
respective terms.
In the instance of all such Convicts whose
Offences have respectively been committed at any period subsequent
to that of passing of the abovementioned New
South Wales Act, that violation of natural justice has
is no longer chargeable. If the mind of Parliament
can scarcely be supposed to have applied itself to the
addition thus made to the severity of the penal laws then it
can not suppose however be denied, that the form of legislation have at any rate been applied to
it.
But the greater the addition thus made to the quantum of punishment by this
operation of encreased and as it were clandestine unperceived severity though
neither illegal nor unconstitutional severity, the
greater ought to have been the care not to make
any such further addition to it by and beyond comparison
more enormous addition to it, by operations this
palpably illegal, flagrantly unconstitutional, and compleatly perfectly
indefensible.
5
But after so large
an addition made
according to law legally though indirectly
the much larger
additions made ille
contrary to law are
so much the more
inexcusable.
From this
of it is
evident that the legal
termination of the punishment
was by the
contemplation of them
were thus illegally
added to it.
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Identifier: | JB/116/285/001"JB/" can not be assigned to a declared number type with value 116. |
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1803-02-02 |
5 |
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116 |
panopticon versus new south wales |
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285 |
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001 |
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text sheet |
1 |
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recto |
e4 |
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jeremy bentham |
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37818 |
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