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<p>1831<lb/> | |||
<head>J.B. to France against Death</head></p> | |||
<p>Modes are: 1. <gap/> nor prosecution. 2. <gap/> <gap/><lb/> | |||
Stoppage of <hi rend="underline"><unclear>individuals</unclear></hi> prosecution</p> | |||
<p>1. All this while a virtual a <gap/> an <gap/> <add><gap/></add> supposition<lb/> | |||
<add>though defeasible</add> has been that only means by which the remission<lb/> | |||
of punishment can be effected is the issuing of <del>an <gap/></del> pardon<lb/> | |||
effecting written instrument in the framing of which <del>the <gap/></del> under<lb/> | |||
the name of <hi rend="underline">pardon</hi> the pardon-power holding functionary<lb/> | |||
say the Monarch has concurred by the <unclear>apposition</unclear> of his signature<lb/> | |||
in that quality. But, another way <add>means</add> there is in which<lb/> | |||
not only <add>merely</add> equal but still greater affect is produced: <gap/> that<lb/> | |||
is by causing not merely execution not to be given after<lb/> | |||
<add>prosecution and</add> conviction, but even <del><gap/></del> causing prosecution itself not to have<lb/> | |||
place.</p> | |||
<p>Greater – much greater is pardon power in this its<lb/> | |||
<unclear>covered</unclear> shape <add>state</add> – in this shape in which its very existence<lb/> | |||
<del>escapes</del> <add>thus</add> removed hitherto unnoticed <add><del>is experienced</del> and by <gap/> for <gap/> that appears</add><lb/> | |||
unperceived, than in the case in which it is noticed, passing<lb/> | |||
under its so familiar and universally known and familiar<lb/> | |||
name.</p> | |||
<p>2. Greater? why? <del>from</del> in what respect? to what extent?<lb/> | |||
from what cause? <hi rend="underline">Answer</hi> Because whereas <add>by</add> a pardon <del><gap/></del><lb/> | |||
<hi rend="underline"><gap/></hi> by a pardon under the name of pardon – the remedy<lb/> | |||
applied by the legal sanction, and by that alone is withdrawn<lb/> | |||
the remedy applied by the popular or moral sanction<lb/> | |||
<add>the</add> captive pronounced by the public tribunal opinion is still<lb/> | |||
left in operation: whereas where being applied antecedently<lb/> | |||
to prosecution, it thereby screens him <add>the delinquent</add> from the eye of the Public<lb/> | |||
Opinion Tribunal, and thereby from its censure: saying<lb/> | |||
and <gap/> the case where by means of the liberty of the press<lb/> | |||
<gap/> is made to the Public Opinion Tribunal by means<lb/> | |||
of the liberty of the <del><gap/></del> press.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
1831
J.B. to France against Death
Modes are: 1. nor prosecution. 2.
Stoppage of individuals prosecution
1. All this while a virtual a an supposition
though defeasible has been that only means by which the remission
of punishment can be effected is the issuing of an pardon
effecting written instrument in the framing of which the under
the name of pardon the pardon-power holding functionary
say the Monarch has concurred by the apposition of his signature
in that quality. But, another way means there is in which
not only merely equal but still greater affect is produced: that
is by causing not merely execution not to be given after
prosecution and conviction, but even causing prosecution itself not to have
place.
Greater – much greater is pardon power in this its
covered shape state – in this shape in which its very existence
escapes thus removed hitherto unnoticed is experienced and by for that appears
unperceived, than in the case in which it is noticed, passing
under its so familiar and universally known and familiar
name.
2. Greater? why? from in what respect? to what extent?
from what cause? Answer Because whereas by a pardon
by a pardon under the name of pardon – the remedy
applied by the legal sanction, and by that alone is withdrawn
the remedy applied by the popular or moral sanction
the captive pronounced by the public tribunal opinion is still
left in operation: whereas where being applied antecedently
to prosecution, it thereby screens him the delinquent from the eye of the Public
Opinion Tribunal, and thereby from its censure: saying
and the case where by means of the liberty of the press
is made to the Public Opinion Tribunal by means
of the liberty of the press.
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Identifier: | JB/149/258/002"JB/" can not be assigned to a declared number type with value 149. |
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1830-11-04 |
or 8 - or 11 |
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149 |
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258 |
bankruptcy court bill observatns continued |
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002 |
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text sheet |
1 |
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recto |
c2 / g10 |
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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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50112 |
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