★ Find a new page on our Untranscribed Manuscripts list.
No edit summary |
No edit summary |
||
| Line 4: | Line 4: | ||
<head>29 Janr<hi rend='superscript'>y</hi>. 1809<lb/> | <head>29 Janr<hi rend='superscript'>y</hi>. 1809<lb/> | ||
<gap/> A <unclear>Hatchet</unclear> for<lb/> | <gap/> A <unclear>Hatchet</unclear> for<lb/> | ||
< | <unclear>Structures</unclear> in Paley's Net</head> | ||
<head>1.</head> | <head>1.</head> | ||
| Line 53: | Line 53: | ||
<head>6</head> | <head>6</head> | ||
Though <del>o</del>if those circumstances<lb/> | <p>Though <del>o</del>if those circumstances<lb/> | ||
have a name that<lb/> | have a name that<lb/> | ||
name <del>that name</del> is as<lb/> | name <del>that name</del> is as<lb/> | ||
capable of being given<lb/> | capable of being given<lb/> | ||
them before as after the<lb/> | them before as after the<lb/> | ||
offence is committed. <add>p.3.</add> | offence is committed. <add>p.3.</add></p> <pb/> | ||
<head>7</head> | |||
<p>Per Paley (not attending<lb/> | |||
to the common law cases<lb/> | |||
of punishment of death) for<lb/> | |||
legislation to fix upon cases<lb/> | |||
meet for punishment, to<lb/> | |||
the Judge it may without<lb/> | |||
danger be left to apply,<lb/> | |||
or, in the exercise of <unclear>this</unclear><lb/> | |||
lenity not to apply, the<lb/> | |||
punishment to the offence. <add>p4.</add></p> | |||
<head>8.</head> | |||
<p>Forgetting that the non-exercise<lb/> | |||
of this lenity<lb/> | |||
amounts to the punishment<lb/> | |||
of death. <add>p4.</add></p> | |||
<head>9.</head> | |||
<p>Per Paley + Power of relaxation<lb/> | |||
not given, punishment<lb/> | |||
would be inflicted<lb/> | |||
where undue or not inflicted<lb/> | |||
where deserved. <add>p.5.</add></p> | |||
<head>10</head> | |||
<p>But what is here assumed<lb/> | |||
viz. that the punishment<lb/> | |||
of death is necessary is<lb/> | |||
not true, since from<lb/> | |||
malefactors as well as<lb/> | |||
from madmen who <del>are</del><lb/> | |||
when at large are more<lb/> | |||
dangerous, all danger is<lb/> | |||
prevented by imprisonment. <add>p5.</add></p> | |||
<head>11</head> | |||
<p>And the necessity disproved<lb/> | |||
by the example of<lb/> | |||
Tuscany compared with itself<lb/> | |||
at different periods & with<lb/> | |||
England. <add>p5.</add></p> | |||
<head>12</head> | |||
<p>"Punishment w<hi rend='superscript'>d</hi> be inflicted<lb/> | |||
when neither <hi rend='underline'>deserved</hi> nor<lb/> | |||
<hi rend='underline'>necessary</hi>"</p> | |||
<p>The principle of sympathy<lb/> | |||
& antipathy which<lb/> | |||
supposes that punishment<lb/> | |||
is inflicted for the gratification<lb/> | |||
of vengeance has<lb/> | |||
here been employed instead<lb/> | |||
of the principle of utility<lb/> | |||
under which pain in this<lb/> | |||
or any other shape is not<lb/> | |||
inflicted except from necessity. <add>p.5.</add></p> <pb/> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
29 Janry. 1809
A Hatchet for
Structures in Paley's Net
1.
Per Paley modes of employing
capital punishment
two
1- assign it to few cases
apply it invariably.
2- apply assign it to many
apply it rarely.
Per J.B.
3.- assign it not at all,
as in Russia & Tuscany. p.1.
2.
Paley's justification of
the mode followed in
England a specimen of
mental debilitation produced
by subscription. p1.
3
Per Paley - Reason for
English practice, Cases
meet for capital punishment
depend on circumstances
impossible to be
defined till after the offence
has been committed. p.2
4
By the help of this doctrine,
which supposes that for
the administration of
penal law it is necessary
that Judges should be
invested with arbitrary power
the atrocities of Nero or
Caligula or any other atrocities
may find their justification. p2.
5.
Occasions for capital punishment
being thus inexpressible,
whenever inflicted,
no reason for its infliction
can ever be assigned p.3
6
Though oif those circumstances
have a name that
name that name is as
capable of being given
them before as after the
offence is committed. p.3.
---page break---
7
Per Paley (not attending
to the common law cases
of punishment of death) for
legislation to fix upon cases
meet for punishment, to
the Judge it may without
danger be left to apply,
or, in the exercise of this
lenity not to apply, the
punishment to the offence. p4.
8.
Forgetting that the non-exercise
of this lenity
amounts to the punishment
of death. p4.
9.
Per Paley + Power of relaxation
not given, punishment
would be inflicted
where undue or not inflicted
where deserved. p.5.
10
But what is here assumed
viz. that the punishment
of death is necessary is
not true, since from
malefactors as well as
from madmen who are
when at large are more
dangerous, all danger is
prevented by imprisonment. p5.
11
And the necessity disproved
by the example of
Tuscany compared with itself
at different periods & with
England. p5.
12
"Punishment wd be inflicted
when neither deserved nor
necessary"
The principle of sympathy
& antipathy which
supposes that punishment
is inflicted for the gratification
of vengeance has
here been employed instead
of the principle of utility
under which pain in this
or any other shape is not
inflicted except from necessity. p.5.
---page break---
|
Identifier: | JB/107/193/001"JB/" can not be assigned to a declared number type with value 107. |
|||
|---|---|---|---|
|
1809-01-29 |
1-21 |
||
|
107 |
law versus arbitrary power (a hatchet for dr paley's net) |
||
|
193 |
/strictures on / a hatchet for/ dr paley's net |
||
|
001 |
|||
|
marginal summary sheet |
1 |
||
|
recto |
d1 |
||
|
35184 |
|||
