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16 Nov 1802 88<lb/><lb/><head>Letter 3</head><lb/>The estimate of the pernicious effects of capital punishment would<lb/>be <sic>incompleat</sic> indeed if it were supposed to be confined<lb/>to that <add>the particular cases in</add> part of the legal code to which that punishment<lb/>is annexed <add>employed</add>. To this <gap/> <gap/> <gap/> to all other causes<lb/>put together — to the <add>silent and</add> unperceived influence of this<lb/>punishment upon susceptible minds that we are indebted<lb/>for all these human but promiscuous and vulgar errors and<lb/>maxims and propensities <add>on the part of one <gap/> of our jurisprudence</add> by which the certainty of punish-<lb/>-ment has been enfeebled <add>weakened</add> on the side of certainty, and its<lb/>influence on the <add>guilty minds</add> minds of delinquents <del>rendered</del> paralyzed<lb/>and rendered inefficient: <add>1 Ask <gap/> <gap/> why so many</add> all their rules of <gap/> which<lb/>were but receipts for avoiding to find this trouble when from <add>the</add><lb/>execution of the law upon evil doers is the point it leads to?<lb/><gap/> is to be the consequence of it - all those sources<lb/>of <gap/> by which the guilty are let free which are<lb/>so many sources of triumph to the guilty and <add>disappointment</add> oppression<lb/><add>and forth <gap/> | 16 Nov 1802 88<lb/><lb/><head>Letter 3</head><lb/>The estimate of the pernicious effects of capital punishment would<lb/>be <sic>incompleat</sic> indeed if it were supposed to be confined<lb/>to that <add>the particular cases in</add> part of the legal code to which that punishment<lb/>is annexed <add>employed</add>. To this <gap/> <gap/> <gap/> to all other causes<lb/>put together — to the <add>silent and</add> unperceived influence of this<lb/>punishment upon susceptible minds that we are indebted<lb/>for all these human but promiscuous and vulgar errors and<lb/>maxims and propensities <add>on the part of one <gap/> of our jurisprudence</add> by which the certainty of punish-<lb/>-ment has been enfeebled <add>weakened</add> on the side of certainty, and its<lb/>influence on the <add>guilty minds</add> minds of delinquents <del>rendered</del> paralyzed<lb/>and rendered inefficient: <add>1 Ask <gap/> <gap/> why so many</add> all their rules of <gap/> which<lb/>were but receipts for avoiding to find this trouble when from <add>the</add><lb/>execution of the law upon evil doers is the point it leads to?<lb/><gap/> is to be the consequence of it - all those sources<lb/>of <gap/> by which the guilty are let free which are<lb/>so many sources of triumph to the guilty and <add>disappointment</add> oppression<lb/><add>and forth <gap/> injury</add> to the innocent and the injured. [<hi rend='superscript'>+</hi> <gap/> <gap/> it is<lb/><note><hi rend='superscript'>+</hi>2. Ask why it is the<lb/>not propensity and <gap/><lb/>only the propensity but<lb/>the <gap/> <gap/> and<lb/>the praise of <add>every man</add> all men<lb/>each in his option<lb/>to frustrate and <gap/><lb/>to render fruitless the<lb/><gap/> and <gap/><lb/>the <add>elements</add> distant will of those<lb/>when wills are sup-<lb/>posed to include the<lb/>wills of all <gap/><lb/>to break the promises<lb/><gap/>to render impotent<lb/>the threats proclaimed by<lb/>the legislators</note><lb/><gap/> the business and the glory of the Judges to undo<lb/>the work which has cost so much trouble to the legislator<lb/>to hold up the laws to <gap/> to set an example<lb/>of that <gap/> which would be the first to punish<lb/>in other men? — <hi rend='underline'>in favorius <gap/></hi> is <add>explicitly or</add> <del>with or without</del><lb/><del>his <gap/></del> inexplicably the excuse.<lb/><note>3. Why it is become a<lb/>matter of most in <add>on</add><lb/>the first of our regard or<lb/>individuals to<lb/>public spirited individual<lb/>to shrink from the touch<lb/>to <del>forbear to <gap/></del><lb/>of <gap/>, or to<lb/>throw it up when taken<lb/>in hand: — on the part<lb/>of the Juryman be <add><gap/></add> <del>made</del><lb/>his contempt of the laws<lb/>and of his <gap/> by what<lb/>has been called a <gap/><lb/>perjury: on the part of<lb/>the Judge instead of a<lb/><gap/> upon the Juryman<lb/>to be his <gap/> and <gap/><lb/>instigator in the commission<lb/>of this course or that <gap/></note><lb/><lb/>What <gap/> <gap/> is to the body <add>natural</add> <del>politic</del> capital<lb/>punishment may be <gap/> to be to the body natural,<lb/>a source <add>cause</add> of apparent <del>strength</del> <del> <add>vigor</add></del> and perhaps temporary<lb/><add>vigor</add> a source of <gap/> and not weakness <add>and disease.</add> debility<lb/>and impotence. | ||
16 Nov 1802 88
Letter 3
The estimate of the pernicious effects of capital punishment would
be incompleat indeed if it were supposed to be confined
to that the particular cases in part of the legal code to which that punishment
is annexed employed. To this to all other causes
put together — to the silent and unperceived influence of this
punishment upon susceptible minds that we are indebted
for all these human but promiscuous and vulgar errors and
maxims and propensities on the part of one of our jurisprudence by which the certainty of punish-
-ment has been enfeebled weakened on the side of certainty, and its
influence on the guilty minds minds of delinquents rendered paralyzed
and rendered inefficient: 1 Ask why so many all their rules of which
were but receipts for avoiding to find this trouble when from the
execution of the law upon evil doers is the point it leads to?
is to be the consequence of it - all those sources
of by which the guilty are let free which are
so many sources of triumph to the guilty and disappointment oppression
and forth injury to the innocent and the injured. [+ it is
+2. Ask why it is the
not propensity and
only the propensity but
the and
the praise of every man all men
each in his option
to frustrate and
to render fruitless the
and
the elements distant will of those
when wills are sup-
posed to include the
wills of all
to break the promises
to render impotent
the threats proclaimed by
the legislators
the business and the glory of the Judges to undo
the work which has cost so much trouble to the legislator
to hold up the laws to to set an example
of that which would be the first to punish
in other men? — in favorius is explicitly or with or without
his inexplicably the excuse.
3. Why it is become a
matter of most in on
the first of our regard or
individuals to
public spirited individual
to shrink from the touch
to forbear to
of , or to
throw it up when taken
in hand: — on the part
of the Juryman be made
his contempt of the laws
and of his by what
has been called a
perjury: on the part of
the Judge instead of a
upon the Juryman
to be his and
instigator in the commission
of this course or that
What is to the body natural politic capital
punishment may be to be to the body natural,
a source cause of apparent strength vigor and perhaps temporary
vigor a source of and not weakness and disease. debility
and impotence.
Identifier: | JB/116/043/001"JB/" can not be assigned to a declared number type with value 116. |
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1802-11-16 |
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116 |
panopticon versus new south wales |
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043 |
letter 3d |
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001 |
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text sheet |
1 |
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recto |
d1 / f88 |
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jeremy bentham |
1800 |
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1800 |
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37576 |
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