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'' | <pb/> | ||
<p>or impropriety of the point at which<lb/> | |||
it is fixed) the boundary on one side<lb/> | |||
that is (continues he) "the limit to<lb/> | |||
"which the punishment may be extended,<lb/> | |||
"and also that nothing less than<lb/> | |||
"the authority of the whole legislature<lb/> | |||
"be suffered to determine that boundary<lb/> | |||
"and assign these rules"; (an admission<lb/> | |||
that might not have been quite so<lb/> | |||
readily made had it occurred to<lb/> | |||
the Reverend Doctor to how vast an<lb/> | |||
extent the punishment of death has<lb/> | |||
been carried by what is called<lb/> | |||
<hi rend='underline'>common law</hi> i.e. by Judges without<lb/> | |||
the intervention of the legislature)<lb/> | |||
"yet the mitigation of punishment"<lb/> | |||
(continues he) "the exercise of laxity<lb/> | |||
may, without danger be <sic>intrusted</sic><lb/> | |||
to the executive Magistrate whose<lb/> | |||
discretion will operate upon those<lb/> | |||
<hi rend='underline'>numerous</hi> <hi rend='underline'>unforeseen</hi> <hi rend='underline'>mutable</hi> <add>and</add></p> | |||
<pb/> | |||
---page break---
or impropriety of the point at which
it is fixed) the boundary on one side
that is (continues he) "the limit to
"which the punishment may be extended,
"and also that nothing less than
"the authority of the whole legislature
"be suffered to determine that boundary
"and assign these rules"; (an admission
that might not have been quite so
readily made had it occurred to
the Reverend Doctor to how vast an
extent the punishment of death has
been carried by what is called
common law i.e. by Judges without
the intervention of the legislature)
"yet the mitigation of punishment"
(continues he) "the exercise of laxity
may, without danger be intrusted
to the executive Magistrate whose
discretion will operate upon those
numerous unforeseen mutable and
---page break---
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Identifier: | JB/107/282/002"JB/" can not be assigned to a declared number type with value 107. |
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107 |
law versus arbitrary power (a hatchet for dr paley's net) |
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282 |
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002 |
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copy/fair copy sheet |
2 |
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recto |
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[[watermarks::[simplified hanoverian royal arms] 1821]] |
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1821 |
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35273 |
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