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'' | <head>CERTAINTY Judgment</head><lb/>-----<lb/>An absurd point of Law respecting this <add><gap/></add> is, that if<lb/><del><gap/> <gap/></del> Judgment <del>there be</del> <add>contain any <del><gap/></del> thing</add> <del><gap/></del> beyond the autho-<lb/>-rity of the Court, instead of being reversed <add>or altered</add> <gap/><lb/>and confirmed as to the rest, it must be reversed<lb/>altogether, & thus [end de hoc qui?] the offender<lb/><gap/> ever so atrocious must go unpunished —<lb/>Thi is a clear power of <add>Pardon</add> exemption in a Judge<lb/>if he thinks proper to use it.<lb/><lb/>Judgment where the punishment is <hi rend='underline'>fixed</hi>, is nothing as it were but a <add>a declaration of the Law already</add> Warrant: where <add>existing</add> it<lb/>is <hi rend='underline'>discrtionary</hi>, it is an <hi rend='underline'><gap/></hi>. It is a <lb/>modification of the Law: it is within certain <lb/>& instructions an <add>ex post facto</add> enactment of a new Law, adapted to the particular case. | ||
CERTAINTY Judgment
-----
An absurd point of Law respecting this is, that if
Judgment there be contain any thing beyond the autho-
-rity of the Court, instead of being reversed or altered
and confirmed as to the rest, it must be reversed
altogether, & thus [end de hoc qui?] the offender
ever so atrocious must go unpunished —
Thi is a clear power of Pardon exemption in a Judge
if he thinks proper to use it.
Judgment where the punishment is fixed, is nothing as it were but a a declaration of the Law already Warrant: where existing it
is discrtionary, it is an . It is a
modification of the Law: it is within certain
& instructions an ex post facto enactment of a new Law, adapted to the particular case.
Identifier: | JB/050/149/001"JB/" can not be assigned to a declared number type with value 50. |
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050 |
procedure code |
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149 |
certainty judgment |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
[[watermarks::[partial lion with crown motif]]] |
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16140 |
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