JB/159/263/002: Difference between revisions

Latest revision as of 15:03, 25 August 2021

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.
Date_1		Marginal Summary Numbering
Box	159	Main Headings	punishment
Folio number	263	Info in main headings field	crit. jur. crim
Image	002	Titles	punishment - talio - where inapplicable / stare decisis
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	d101 / d102 / d103 / d104
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown] propatria [britannia motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	54086
Box Contents

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+<p>102)</p>
+<p><head>CRIT. JUR .CRIM.</head></p>
-''This Page Has Not Been Transcribed Yet''
+<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/>
-CRIT JUR CRIM.
+of Lords, than by an inferior Court:  but what is<lb/>
+best of all is that there should be no ex-post-facto<lb/>
-margin note: Stare decisis
+Law at all [should be made by any body.]<lb/>
+[For the purpose of prevention] An ex-post-facto<lb/>
-Law must at all events be made, it may be true
+Law is of no use.  <del>The</del> <add>What is</add> past can not be prevented:<lb/>
-that it is better it should be made by the House
+and <del>the</del> <add>what is</add> future may as well be presented<lb/>
-of Lords, than by an inferior Court: but what is
+by another Law that has no such retrospective<lb/>
-best of all is that there should be no ex-post-
+quality.</p>
-facto Law at all [should be made by any body.]
+<p>Nothing can be of greater importance than that the<lb/>
-[For the purpose of prevention] ... ex-post-facto
+provinces of the Judge and of the Legislator should be<lb/>
-Law is of no use. What is past can not be pre-
+kept distinct.  Better the <add>were it for</add> Law remain as it is<lb/>
-vented: and [/what is] future may as well be preserved?
+at present, with all its <add>numerous</add> imperfections on its head,<lb/>
-by another Law that has no such retrospective
+than to receive amendment at their hands.</p>
-quality.
+<p>Not that a man by being a Judge is the less fit<lb/>
-Nothing can be of greater importance than that the
+for a Legislator:  on the contrary no man so likely<lb/>
-provinces of the Judge and of the Legislator should be
+to be fit as he.  No man who has such good opportunities<lb/>
-kept distinct. Better [/were it for] the Law remain as it is at present, with all its [/numerous] imperfections on its head, than to receive amendment at their hands.
+of being acquainted with [the detail of] those<lb/>
-Not that a man by being a Judge is the less fit
+[defects] imperfections of the Law which want correcting.<lb/>
-for a Legislator: on the contrary no man so likely
+Tis the provinces <add>functions</add> that should be distinct<lb/>
-to be fit as he. No man who has such good oppor
+and not the persons.  The same person who acting<lb/>
-tunities of being acquainted with [the detail of] those [defects] imperfections of the Law which want cor
+<add>by establishing a rule</add> in the character of a <del>Judge</del> Legislator shall do eminent<lb/>
--recting. Tis the provinces [/functions] that should be distinct and not the persons. The same person who acting [/by instituting a rule] in the character of a [x/Judge] Legislator should do eminent service, shall by establishing the same rule in the [/capacity] character of a Judge do infinite mischief. The
+service, shall by establishing the same rule<lb/>
-reason is that by establishing a new rule in the path?
+in the character <add>capacity</add> of a Judge do infinite mischief.  The<lb/>
-of the old ones he shakes their authority, and ? with
+reason is that by establishing a new rule in the <gap/><lb/>
-that of his own. When so employd he is like the strong man in scripture, important to do good, but all
+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>
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-{{Metadata:{{PAGENAME}}}}
+{{Metadata:{{PAGENAME}}}}{{Completed}}

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JB/159/263/002: Difference between revisions

Latest revision as of 15:03, 25 August 2021

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