★ Find a new page on our Untranscribed Manuscripts list.
No edit summary |
No edit summary |
||
| Line 4: | Line 4: | ||
<p>But as to the matter of fact, if such (as the word <hi rend="underline">is</hi><lb/> | <p>But as to the matter of fact, if such (as the word <hi rend="underline">is</hi><lb/> | ||
imparts) was his belief, wide indeed was his misconception.<lb/> | imparts) was his belief, wide indeed was his misconception.<lb/> | ||
In the exercise<add>actual</add> of this supposed appropriated persons, innumerable and undiscoverable are the hands which in some<lb/> | In the exercise<add>actual</add> of this supposed appropriated persons, innumerable <lb/> | ||
way<add>shape</add> or other have a share: but of this <unclear> | and undiscoverable are the hands which in some<lb/> | ||
way<add>shape</add> or other have a share: but of this <unclear>presently</unclear></p> | |||
<p>The power of <hi rend="underline">suspending t</hi>he laws" too high a <unclear>priority</unclear>"<lb/> | <p>"The power of <hi rend="underline">suspending t</hi>he laws" too high a <unclear>priority</unclear>"<lb/> | ||
to be committed to many hands/<add>+</add> or to those<lb/> | to be committed to many hands/<add>+</add> or to those<lb/> | ||
of any inferior officer". <del>But</del> Be it so: but this is <add>a</add>not<lb/> | of any inferior officer". <del>But</del> Be it so: but this is <add>a</add>not<lb/> | ||
the power which in the case in question is <add>has place and</add> is exercised.<lb/> | the power which in the case in question is <add>has place and</add> is exercised.<lb/> | ||
A <hi rend="underline">dispensing</hi> power is <unclear> | A <hi rend="underline">dispensing</hi> power is <unclear>an thing</unclear>: and to that<add>this </add> <unclear>head</unclear> belongs<lb/> | ||
the power of pardon: the exception <add><unclear> | the power of pardon: the exception <add><unclear>defalcation</unclear></add> which it takes<add>makes from </add> all of<lb/> | ||
the <add> | the <add>effect of the</add> <hi rend="underline">general</hi> <del>rule</del><add>disposition</add> of the law is <unclear>supported</unclear> in every individual<lb/> | ||
instance, and <del>extends not</del><add>in no instance</add> extends beyond the individual<lb/> | instance, and <del>extends not</del><add>in no instance</add> extends beyond the individual<lb/> | ||
case. A <hi rend="underline">suspending</hi> power is another <add>a very different</add>thing: the<lb/> | case. A <hi rend="underline">suspending</hi> power is another <add>a very different</add>thing: the<lb/> | ||
defalcation<add>extent of the</add> which it makes from the <add>effect of the </add> general disposition<lb/> | |||
of the law is determined by the <unclear>circumstance</unclear> of time: and<lb/> | of the law is determined by the <unclear>circumstance</unclear> of time: and<lb/> | ||
<sic>imbraces</sic> <del>all individ</del> without distinction all such individual <lb/> | <sic>imbraces</sic> <del>all individ</del> without distinction all such individual <lb/> | ||
| Line 25: | Line 26: | ||
</hi><lb/> | </hi><lb/> | ||
<hi rend="underline">hands</hi>." Here the reverend Doctor is once<add>again</add> more in the clouds:<lb/> | <hi rend="underline">hands</hi>." Here the reverend Doctor is once<add>again</add> more in the clouds:<lb/> | ||
and not knowing exactly what his own meaning is, | and not knowing exactly what his own meaning is, has not<lb/> | ||
put it in the power of his madness to determine it. By the<lb/> | put it in the power of his madness to determine it. By the<lb/> | ||
multitude<add>multiplicity of the</add> of hands, according as their question is joint or<lb/> | multitude<add>multiplicity of the</add> of hands, according as their question is joint or<lb/> | ||
several or joint the | several or joint the defalcation made from the<add>by the exercise of the power vested in them</add> effect of the<lb/> | ||
general disposition of the law is<add>may be</add> either increased<add>extended </add> or diminished<add>or restricted</add><lb/> | general disposition of the law is<add>may be</add> either increased<add>extended </add> or diminished<add>or restricted</add><lb/> | ||
If to <del>the</del><add>The number being given,</add> each exercise of the power it be necessary that <lb/> | If to <del>the</del><add>The number being given,</add> each exercise of the power it be necessary that <lb/> | ||
they all <sic>concurr</sic>, the greater the number the less efficient the<lb/> | they all <sic>concurr</sic>, the greater the number the less efficient the<lb/> | ||
power, <lb/> | power, <lb/> | ||
and the less less the | and the less less the defalcation made by it from the effect of the general disposition of the law. <unclear>JB</unclear><pb/> | ||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
But as to the matter of fact, if such (as the word is
imparts) was his belief, wide indeed was his misconception.
In the exerciseactual of this supposed appropriated persons, innumerable
and undiscoverable are the hands which in some
wayshape or other have a share: but of this presently
"The power of suspending the laws" too high a priority"
to be committed to many hands/+ or to those
of any inferior officer". But Be it so: but this is anot
the power which in the case in question is has place and is exercised.
A dispensing power is an thing: and to thatthis head belongs
the power of pardon: the exception defalcation which it takesmakes from all of
the effect of the general ruledisposition of the law is supported in every individual
instance, and extends notin no instance extends beyond the individual
case. A suspending power is another a very differentthing: the
defalcationextent of the which it makes from the effect of the general disposition
of the law is determined by the circumstance of time: and
imbraces all individ without distinction all such individual
cases as happen to present themselves within the
length of time marked out by for it.
"Too high a privilege to be committed to many
hands." Here the reverend Doctor is onceagain more in the clouds:
and not knowing exactly what his own meaning is, has not
put it in the power of his madness to determine it. By the
multitudemultiplicity of the of hands, according as their question is joint or
several or joint the defalcation made from theby the exercise of the power vested in them effect of the
general disposition of the law ismay be either increasedextended or diminishedor restricted
If to theThe number being given, each exercise of the power it be necessary that
they all concurr, the greater the number the less efficient the
power,
and the less less the defalcation made by it from the effect of the general disposition of the law. JB
---page break---
|
Identifier: | JB/107/236/001"JB/" can not be assigned to a declared number type with value 107. |
|||
|---|---|---|---|
|
1809-01-31 |
2-3 |
||
|
107 |
law versus arbitrary power (a hatchet for dr paley's net) |
||
|
236 |
peines |
||
|
001 |
|||
|
text sheet |
1 |
||
|
recto |
e35 |
||
|
jeremy bentham |
|||
|
35227 |
|||
