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<head>(1)</head><lb/><head>CERTAINTY. V.p.183. PARDON. v.ch.p.3. </head> <lb/> <p> <note> therefore <hi rend='superscript'>+</hi> the <add> special </add> motive should be inserted in every pardon especially if punishments were more reasonable in their occasion and <gap/> in their degree.</note> The prerogative of pardoning can have no foundation<lb/><del> but </del> in expedience but in <add> upon </add> one of these <lb/> <del><gap/></del> <add>suppositions </add>: the innocence of the Def<hi rend='superscript'>t</hi><add> <del>comparative if not </del>total or at least comparative [of the fact <lb/> of which he has been judged guilty] <add> the inexpediency of the Law which he has <unclear>outraged</unclear> </add> or some special <lb/> <note> DETACHED SUBJECTS OF MYSTERY-FICTIONS See Barrington. p. 87. 1<hi rend='superscript'>st</hi> Ed. OF JEOFALLS </note> </note>& extraordinary merit evinced <add> exemplified </add> by some particular <lb/> and <sic>publickly</sic> known act - and when <add> it is granted <del> upon </del> upon circumstances <lb/> of alleviation, it should seem not improper to insert <lb/> a condition in it for <add>pecuniary </add> reparation to the immediate <lb/>object of the injury. </p> <p> These precautions will remedy the mischief arising from <lb/> the uncertainty which the frequency of pardons upon <lb/> the commn <add> present </add> footing introduces into the punishment <lb/> the <del> consequence <add> infliction </add> of the punishment is made <add>an event </add>more and <lb/> more problematic by every fresh instance of pardon <lb/> the numerous exceptions <add> make an impression upon the <gap/> </add> strike almost as <unclear>facilely</unclear> as <lb/> the genral Rule: while every pardon for want <lb/> of the <del> certain </del> appearance of the <gap/> appearance <lb/> of be-<hi rend='superscript'>ing</hi> an exception to that rule which in fact <lb/> when properly granted itis not. The Rule & <lb/> mean is "that a man who naturally <sic>committs</sic> <lb/> such a crime shall receive such a punishment: <lb/> now if it appears <del>that the party</del> pardoned is granted <lb/> only because the party in fact did not <sic>committ</sic> it <lb/> [notwithstanding the evidence as it was <sic>deliver'd</sic> at <lb/> the time of the Trial obliged the Jury to think so ) <lb/> the pardon will <add> can </add> no longer be converted into <add> looked upon as </add> an exception </p><!-- DO NOT EDIT BELOW THIS LINE --> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} |
(1)
CERTAINTY. V.p.183. PARDON. v.ch.p.3.
therefore + the special motive should be inserted in every pardon especially if punishments were more reasonable in their occasion and in their degree. The prerogative of pardoning can have no foundation
but in expedience but in upon one of these
suppositions : the innocence of the Deft comparative if not total or at least comparative [of the fact
of which he has been judged guilty] <add> the inexpediency of the Law which he has outraged or some special
DETACHED SUBJECTS OF MYSTERY-FICTIONS See Barrington. p. 87. 1st Ed. OF JEOFALLS </note>& extraordinary merit evinced exemplified by some particular
and publickly known act - and when it is granted upon upon circumstances
of alleviation, it should seem not improper to insert
a condition in it for <add>pecuniary reparation to the immediate
object of the injury.
These precautions will remedy the mischief arising from
the uncertainty which the frequency of pardons upon
the commn present footing introduces into the punishment
the consequence infliction of the punishment is made an event more and
more problematic by every fresh instance of pardon
the numerous exceptions make an impression upon the strike almost as facilely as
the genral Rule: while every pardon for want
of the certain appearance of the appearance
of be-ing an exception to that rule which in fact
when properly granted itis not. The Rule &
mean is "that a man who naturally committs
such a crime shall receive such a punishment:
now if it appears that the party pardoned is granted
only because the party in fact did not committ it
[notwithstanding the evidence as it was deliver'd at
the time of the Trial obliged the Jury to think so )
the pardon will can no longer be converted into looked upon as an exception
Identifier: | JB/050/146/001"JB/" can not be assigned to a declared number type with value 50. |
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050 |
procedure code |
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146 |
certainty pardon |
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001 |
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text sheet |
1 |
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recto |
f1 |
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jeremy bentham |
[[watermarks::propatria [britannia motif]]] |
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16137 |
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