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<head>Continuation of Note</head> | |||
<note>Note<lb/>3. Incapacitation</note> | |||
<p>Note to Incapacitation p.57.</p> | |||
<p>Whether this <add>preventive</add> | |||
effect was among the considerations that gave<lb/> birth to <del>measure</del> <add>change</add> I do not pretend to know: <add>One should rather hope</add> I hope it <add>never</add> was | |||
not<lb/>your Lordship <del>I hope has not forgot</del> <add>yet</add> <del>lost sight of the inevitable</del><lb/> <del><gap/></del> <add>still <gap/></add> <del>has not yet</del> forgot that whatever is gained in this way <add>by this means</add><lb/> in the way of preventive efficacy, is gained at the <sic>expence</sic> of <del>justice</del> <add>civil and</add>:<lb/>constitutional laws as well as natural justice. <del>It is</del> | |||
<add>by</add> tearing Magna<lb/>Charta to pieces, to patch up a bad measure of police. <add>One</add> The<lb/><add>way, and but one there is of</add> only way to effect the <gap/><gap/> is to reimport the<lb/> convicts back again at the public <sic>expence</sic> on the expiration<lb/> of their terms. On those terms <add>certainly</add> but on no others, if <add>the more</add> the<lb/>closely the ports can be sealed up <add>against more <sic>expences</sic></add> the better.<lb/><del>ports can be hermetically sealed, so much the better</del>.</p> | |||
<note>Strengthening physical bars <add>obstacles</add> for the <gap/> purpose of <del><gap/></del> <add>debarring</add> this <gap/> from the recurrent of <gap/> and <gap/> legal rights <del><gap/></del> <add>want</add> it should be.</note> | |||
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<p>Whether this preventive effect was among the considerations<lb/>that gave birth to the change, I do not pretend to <lb/>know:— One should rather hope it were not. <del>Your Lordship<lb/>has not</del> The observation still remains in full force—that<lb/><del>whatever is gained</del> <add>in this way</add> nothing can ever be gained, that is<lb/>not gained at the expence of law and justice: <del>by<lb/>tearing Magna Charta to pieces to patch up a bad<lb/>measure of police</del>. If, by a reimportation at the public<lb/><sic>expence</sic>, the banishment of these exiles were made <add>regularly</add> to cease<lb/>as soon as it ceased to be legal, on these terms and no<lb/>others, <del>might</del> <del><add>well under that exception</add></del> <del><add>the</add></del> <del>the ports be sealed up against their comrades</del><lb/><add>the exclusion of</add> all other means of return <del>be excluded, without</del><lb/> <del>prejudice to justice</del> <add>might (whatever became of trade) be</add> reconciled to justice. "Nullus liber homo<lb/> ... exuletur ... nisi per legale judicium parium suorum vel per<lb/> legem terrae. Violating this right by deeds while it is allowed<lb/> by words, is tearing Magna Charta to pieces to patch up<lb/> a bad measure of police.</p> | |||
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Continuation of Note
Note
3. Incapacitation
Note to Incapacitation p.57.
Whether this preventive
effect was among the considerations that gave
birth to measure change I do not pretend to know: One should rather hope I hope it never was
not
your Lordship I hope has not forgot yet lost sight of the inevitable
still has not yet forgot that whatever is gained in this way by this means
in the way of preventive efficacy, is gained at the expence of justice civil and:
constitutional laws as well as natural justice. It is
by tearing Magna
Charta to pieces, to patch up a bad measure of police. One The
way, and but one there is of only way to effect the is to reimport the
convicts back again at the public expence on the expiration
of their terms. On those terms certainly but on no others, if the more the
closely the ports can be sealed up against more expences the better.
ports can be hermetically sealed, so much the better.
Strengthening physical bars obstacles for the purpose of debarring this from the recurrent of and legal rights want it should be.
Whether this preventive effect was among the considerations
that gave birth to the change, I do not pretend to
know:— One should rather hope it were not. Your Lordship
has not The observation still remains in full force—that
whatever is gained in this way nothing can ever be gained, that is
not gained at the expence of law and justice: by
tearing Magna Charta to pieces to patch up a bad
measure of police. If, by a reimportation at the public
expence, the banishment of these exiles were made regularly to cease
as soon as it ceased to be legal, on these terms and no
others, might well under that exception the the ports be sealed up against their comrades
the exclusion of all other means of return be excluded, without
prejudice to justice might (whatever became of trade) be reconciled to justice. "Nullus liber homo
... exuletur ... nisi per legale judicium parium suorum vel per
legem terrae. Violating this right by deeds while it is allowed
by words, is tearing Magna Charta to pieces to patch up
a bad measure of police.
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Identifier: | JB/116/013/001"JB/" can not be assigned to a declared number type with value 116. |
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116 |
panopticon versus new south wales |
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013 |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
1800 |
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1800 |
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37546 |
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