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<head>CERTAINTY Judgment</head>< | <head>CERTAINTY Judgment</head> | ||
<p>An absurd point of Law respecting this <add>hand</add> is, that if<lb/><del>the <gap/></del> Judgment <del>there be</del> <add>contain any <del>class/del> thing</add> <del>precision</del> beyond the authority<lb/> of the Court, instead of being reversed <add>or altered</add> for taste<lb/>and confirmed as to the rest, it must be reversed<lb/>altogether, & thus [sed de hoc qui?] the offender<lb/>tho' ever so atrocious must go unpunished —<lb/>This 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<lb/>nothing as it were but a <add>a declaration of the Law already existing</add> Warrant: where it<lb/>is <hi rend='underline'>discretionary</hi>, it is an <hi rend='underline'>assurance</hi>. It is a <lb/>modification of the Law: it is within certain <gap/><lb/>& instructions an <add>ex post facto</add> enactment of a new Law, adapted to the particular case.</p> | |||
CERTAINTY Judgment
An absurd point of Law respecting this hand is, that if
the Judgment there be contain any class/del> thing precision beyond the authority
of the Court, instead of being reversed or altered for taste
and confirmed as to the rest, it must be reversed
altogether, & thus [sed de hoc qui?] the offender
tho' ever so atrocious must go unpunished —
This 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 existing Warrant: where it
is discretionary, it is an assurance. 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.
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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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