★ Find a new page on our Untranscribed Manuscripts list.
Auto loaded |
No edit summary |
||
| (4 intermediate revisions by 3 users not shown) | |||
| Line 2: | Line 2: | ||
'''[{{fullurl:JB/159/263/002|action=edit}} Click Here To Edit]''' | '''[{{fullurl:JB/159/263/002|action=edit}} Click Here To Edit]''' | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
<p>102)</p> | |||
<p><head>CRIT. JUR .CRIM.</head></p> | |||
<p>Law must at all events be made, it may be true<lb/> | |||
that it is better it should be made by the House<lb/> | |||
of Lords, than by an inferior Court: but what is<lb/> | |||
best of all is that there should be no ex-post-facto<lb/> | |||
Law at all [should be made by any body.]<lb/> | |||
[For the purpose of prevention] An ex-post-facto<lb/> | |||
Law is of no use. <del>The</del> <add>What is</add> past can not be prevented:<lb/> | |||
and <del>the</del> <add>what is</add> future may as well be presented<lb/> | |||
by another Law that has no such retrospective<lb/> | |||
quality.</p> | |||
<p>Nothing can be of greater importance than that the<lb/> | |||
provinces of the Judge and of the Legislator should be<lb/> | |||
kept distinct. Better the <add>were it for</add> Law remain as it is<lb/> | |||
at present, with all its <add>numerous</add> imperfections on its head,<lb/> | |||
than to receive amendment at their hands.</p> | |||
<p>Not that a man by being a Judge is the less fit<lb/> | |||
for a Legislator: on the contrary no man so likely<lb/> | |||
to be fit as he. No man who has such good opportunities<lb/> | |||
of being acquainted with [the detail of] those<lb/> | |||
[defects] imperfections of the Law which want correcting.<lb/> | |||
Tis the provinces <add>functions</add> that should be distinct<lb/> | |||
and not the persons. The same person who acting<lb/> | |||
<add>by establishing a rule</add> in the character of a <del>Judge</del> Legislator shall do eminent<lb/> | |||
service, shall by establishing the same rule<lb/> | |||
in the character <add>capacity</add> of a Judge do infinite mischief. The<lb/> | |||
reason is that by establishing a new rule in the <gap/><lb/> | |||
of the old ones he shakes their authority, and <add>there</add>with<lb/> | |||
that of his own. When so employ'd he is like the<lb/> | |||
strong man in scripture, important to do good, but<lb/> | |||
<add>all</add></p> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
102)
CRIT. JUR .CRIM.
Law must at all events be made, it may be true
that it is better it should be made by the House
of Lords, than by an inferior Court: but what is
best of all is that there should be no ex-post-facto
Law at all [should be made by any body.]
[For the purpose of prevention] An ex-post-facto
Law is of no use. The What is past can not be prevented:
and the what is future may as well be presented
by another Law that has no such retrospective
quality.
Nothing can be of greater importance than that the
provinces of the Judge and of the Legislator should be
kept distinct. Better the were it for Law remain as it is
at present, with all its numerous imperfections on its head,
than to receive amendment at their hands.
Not that a man by being a Judge is the less fit
for a Legislator: on the contrary no man so likely
to be fit as he. No man who has such good opportunities
of being acquainted with [the detail of] those
[defects] imperfections of the Law which want correcting.
Tis the provinces functions that should be distinct
and not the persons. The same person who acting
by establishing a rule in the character of a Judge Legislator shall do eminent
service, shall by establishing the same rule
in the character capacity of a Judge do infinite mischief. The
reason is that by establishing a new rule in the
of the old ones he shakes their authority, and therewith
that of his own. When so employ'd he is like the
strong man in scripture, important to do good, but
all
|
Identifier: | JB/159/263/002"JB/" can not be assigned to a declared number type with value 159. |
|||
|---|---|---|---|
|
159 |
punishment |
||
|
263 |
crit. jur. crim |
||
|
002 |
punishment - talio - where inapplicable / stare decisis |
||
|
text sheet |
4 |
||
|
recto |
d101 / d102 / d103 / d104 |
||
|
jeremy bentham |
[[watermarks::[gr with crown] propatria [britannia motif]]] |
||
|
54086 |
|||
