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'' | <head><!-- written in pencil -->13 July 1802</head><lb/> | ||
<head><!-- written in pencil -->N. S. Wales</head> | |||
<head><!-- written in pencil -->Conduct</head> | |||
<p>The defectiveness of the Act of Parliament being thus<lb/> established — and the illegality of almost every thing that <lb/>has been or continues to be done under it — is <del>the</del> <add>not the next</add> question that<lb/> <sic>occurrs</sic> is in what respect if in any are the late <add>M<hi rend='superscript'>r</hi> Pitts</add> administration<lb/> censurable — or rather to speak naturally<lb/> punishable for any such defects? </p> | |||
<p>I answer — for this or any other deficiency in<lb/> an Act of Parliament, hardly: or, not supposing <add>it</add> even<lb/> proved that besides that it was by them that the Bill <lb/>was brought in, <del>they were fully</del> the deficiency was fully <lb/>in their contemplation at the time — <add>No not</add> Although it <add>the plan</add> should<lb/> be deemed a <sic>surprize</sic> or fraud in a word upon Parliament.<lb/> For it is the business of Parliament to guard itself<lb/> against frauds: unless the fraud consist in some <sic>wilful</sic> <lb/>misrepresentation of matters of fact of which there are <lb/>no traces that I know of.</p> | |||
<p>But as to the having acted under this deficient power<lb/> knowing them or even not knowing them to be deficient, the<lb/> case is very different. Transgression of power makes delinquency:<lb/> criminal consciousness converts delinquency into a <lb/>crime.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
13 July 1802
N. S. Wales
Conduct
The defectiveness of the Act of Parliament being thus
established — and the illegality of almost every thing that
has been or continues to be done under it — is the not the next question that
occurrs is in what respect if in any are the late Mr Pitts administration
censurable — or rather to speak naturally
punishable for any such defects?
I answer — for this or any other deficiency in
an Act of Parliament, hardly: or, not supposing it even
proved that besides that it was by them that the Bill
was brought in, they were fully the deficiency was fully
in their contemplation at the time — No not Although it the plan should
be deemed a surprize or fraud in a word upon Parliament.
For it is the business of Parliament to guard itself
against frauds: unless the fraud consist in some wilful
misrepresentation of matters of fact of which there are
no traces that I know of.
But as to the having acted under this deficient power
knowing them or even not knowing them to be deficient, the
case is very different. Transgression of power makes delinquency:
criminal consciousness converts delinquency into a
crime.
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Identifier: | JB/116/203/001"JB/" can not be assigned to a declared number type with value 116. |
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1802-07-13 |
not numbered |
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116 |
panopticon versus new south wales |
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203 |
n. s. wales |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
[[watermarks::[monogram] 1800]] |
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1800 |
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37736 |
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