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<p>1830 Dec. 12</p> | |||
<head>J. B. & France against Death</head> | |||
<note>ult<gap/><lb/> | |||
Death</note> | |||
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<note>§.V. Vice & <gap/> Evil of<lb/> | |||
<gap/> <unclear>Parliamentary</unclear> <gap/></note> | |||
<note>Pardon <del><gap/> <gap/></del><lb/> | |||
— its addition an evil from<lb/> | |||
death punishment</note> | |||
<p>2</p> | |||
<note>2<lb/> | |||
Evils produced by it,<lb/> | |||
1 <add>Evil is</add> withholding public Opinion's<lb/> | |||
<sic>controul</sic> over <hi rend="underline">Pardons</hi>.<lb/> | |||
Convict <hi rend="underline">living</hi>, remaining<lb/> | |||
punishment remissible;<lb/> | |||
compensation recoverable,<lb/> | |||
not, convict dead.<lb/> | |||
Thus to the extent to<lb/> | |||
which death punishment<lb/> | |||
applies <del>arbitrary</del> <add>unem<gap/></add> power<lb/> | |||
is substituted to <sic>controuled</sic></note> | |||
<p></p><p><del>2.</del> <add>2. Evils produced by it. 1. Evil 1.</add> So long as the individual in question — the convicted delinquent is<lb/> | |||
in the land of the living, public opinion relaxes its power, — its<lb/> | |||
<sic>controuling</sic> power — over the pardon power holding functionary.<lb/> | |||
The <del><gap/></del> <gap/> of <del><gap/></del> injured <add>struck</add> by <gap/> punishment<lb/> | |||
may at any time <add>not only</add> be released <add>p<gap/></add> from <del><gap/> <gap/></del> that part <add>of it</add> which<lb/> | |||
would otherwise have been future: and even to <gap/> to receive<lb/> | |||
compensation for that part of it which is <add>being</add> past <del><gap/></del> and has been<lb/> | |||
already under<gap/>. <add>On the other hand</add> No sooner is the breath out of<lb/> | |||
the body, than the oppression-<sic>controuling</sic> power of the Public<lb/> | |||
Opinion <gap/> is at an end: <add>no</add> compensation none;<lb/> | |||
remission of the remaining <add>remainder of the</add> punishment or any part of it,<lb/> | |||
none. Thus it is that, to the <add>whole</add> extent of the field<lb/> | |||
to which death punishment applies limited and <sic>controuled</sic><lb/> | |||
is made to give way <add>place</add> <add>gives place</add> to unlimited <add><unclear>power compleatly</unclear></add>, <sic>uncontrouled</sic>, <add>in a word to</add> arbitrary<lb/> | |||
power</p> | |||
<note>3<lb/> | |||
3. Evil. 2. <del><gap/><lb/> | |||
<gap/></del> Under a limited<lb/> | |||
Monarchy, Pardons the<lb/> | |||
King sinister interest<lb/> | |||
given to him — interest<lb/> | |||
in <del>applying</del> giving<lb/> | |||
by means of his<lb/> | |||
share in the legislative<lb/> | |||
power maleficent extent<lb/> | |||
to his singly<lb/> | |||
ex<gap/> executive <unclear>giving</unclear><lb/> | |||
pardon power: and<lb/> | |||
rendering it in so far<lb/> | |||
<sic>uncontrouled</sic> and arbitrary</note> | |||
<p>3. <add>Evil. 2.</add> In the case here in question <add>supposed</add>, the functionary in<lb/> | |||
whose hands is lodged this power of pardoning is the<lb/> | |||
same as he in whose hands is also lodged an individual<lb/> | |||
portion of supreme <add>that is to say commonly a third part of and in the</add> legislative power. By this means<lb/> | |||
and in this way <del>it</del> an interest is given him in employing<lb/> | |||
<add>such</add> his legislative power in maximizing the <add>giving the greatest extent possible to the</add> field of his<lb/> | |||
<unclear>administratiant</unclear> — <add>that is to say</add> his pardoning power Correspondent<lb/> | |||
to and <del><gap/></del> co-extensive and coincident with the<lb/> | |||
portion of the field <add>of delinquency</add> to which application is made of<lb/> | |||
<add>death</add> punishment of death with portion throughout which in<lb/> | |||
his hands power which otherwise would be limited and<lb/> | |||
<sic>controuled</sic> is thus <del>charged <add><gap/></add></del> to his use improved into <add>p<gap/> —</add> unlimited<lb/> | |||
<sic>uncontrouled</sic> arbitrary: and not small (you<lb/> | |||
will see) <add>is the sinister profit</add> which from this transfiguration is derived<lb/> | |||
by him.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
1830 Dec. 12
J. B. & France against Death
ult
Death
§.V. Vice & Evil of
Parliamentary
Pardon
— its addition an evil from
death punishment
2
2
Evils produced by it,
1 Evil is withholding public Opinion's
controul over Pardons.
Convict living, remaining
punishment remissible;
compensation recoverable,
not, convict dead.
Thus to the extent to
which death punishment
applies arbitrary unem power
is substituted to controuled
2. 2. Evils produced by it. 1. Evil 1. So long as the individual in question — the convicted delinquent is
in the land of the living, public opinion relaxes its power, — its
controuling power — over the pardon power holding functionary.
The of injured struck by punishment
may at any time not only be released p from that part of it which
would otherwise have been future: and even to to receive
compensation for that part of it which is being past and has been
already under. On the other hand No sooner is the breath out of
the body, than the oppression-controuling power of the Public
Opinion is at an end: no compensation none;
remission of the remaining remainder of the punishment or any part of it,
none. Thus it is that, to the whole extent of the field
to which death punishment applies limited and controuled
is made to give way place gives place to unlimited power compleatly, uncontrouled, in a word to arbitrary
power
3
3. Evil. 2.
Under a limited
Monarchy, Pardons the
King sinister interest
given to him — interest
in applying giving
by means of his
share in the legislative
power maleficent extent
to his singly
ex executive giving
pardon power: and
rendering it in so far
uncontrouled and arbitrary
3. Evil. 2. In the case here in question supposed, the functionary in
whose hands is lodged this power of pardoning is the
same as he in whose hands is also lodged an individual
portion of supreme that is to say commonly a third part of and in the legislative power. By this means
and in this way it an interest is given him in employing
such his legislative power in maximizing the giving the greatest extent possible to the field of his
administratiant — that is to say his pardoning power Correspondent
to and co-extensive and coincident with the
portion of the field of delinquency to which application is made of
death punishment of death with portion throughout which in
his hands power which otherwise would be limited and
controuled is thus charged to his use improved into p — unlimited
uncontrouled arbitrary: and not small (you
will see) is the sinister profit which from this transfiguration is derived
by him.
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Identifier: | JB/135/158/002"JB/" can not be assigned to a declared number type with value 135. |
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1831-11-06 |
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135 |
posology |
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158 |
posology |
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002 |
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jeremy bentham |
street & co 1830 |
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antonio alcala galiano |
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1830 |
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46276 |
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