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represents it<lb/> | represents it<lb/> | ||
as smaller than it is.<lb/> | as smaller than it is.<lb/> | ||
<del><gap/></del> <unclear>per</unclear> lawyers, | <del><gap/></del> <unclear>per</unclear> lawyers, capital<lb/> | ||
and not | and not capital<lb/> | ||
(<gap/> <unclear>in effect</unclear>) is the only<lb/> | (<gap/> <unclear>in effect</unclear>) is the only<lb/> | ||
distinction malefactors<lb/> | |||
apprehend <unclear>& remember</unclear><lb/> | apprehend <unclear>& remember</unclear><lb/> | ||
<unclear>Hence to make</unclear> a law<lb/> | <unclear>Hence to make</unclear> a law<lb/> | ||
| Line 74: | Line 74: | ||
once for all. Judges<lb/> | once for all. Judges<lb/> | ||
&c <unclear>then</unclear> could agree to<lb/> | &c <unclear>then</unclear> could agree to<lb/> | ||
consider the matter | consider the matter afresh<lb/> | ||
each time. each time<lb/> | each time. each time<lb/> | ||
each person | each person deciding<lb/> | ||
perhaps by a different<lb/> | perhaps by a different<lb/> | ||
rule</p> | rule</p> | ||
| Line 97: | Line 97: | ||
<head>Recapitulation</head> | <head>Recapitulation</head> | ||
<p>I. <gap/> in theory<lb/> | <p>I. <gap/> in theory<lb/> | ||
1. That <hi rend='underline'>not</hi | 1. That <hi rend='underline'>not</hi> general <gap/><lb/> | ||
but particular <unclear>vengeance</unclear><lb/> | but particular <unclear>vengeance</unclear><lb/> | ||
<unclear>or rather its</unclear> <gap/> <gap/><lb/> | <unclear>or rather its</unclear> <gap/> <gap/><lb/> | ||
| Line 103: | Line 103: | ||
<hi rend='underline'><unclear>offence</unclear></hi>) is the proper<lb/> | <hi rend='underline'><unclear>offence</unclear></hi>) is the proper<lb/> | ||
ground and <unclear>occasion</unclear><lb/> | ground and <unclear>occasion</unclear><lb/> | ||
of | of punishment></p> | ||
<!-- Gap in column --><head>II. Errors in respect of <unclear>fail</unclear></head> | <!-- Gap in column --><head>II. Errors in respect of <unclear>fail</unclear></head> | ||
<p>1. That the existing | <p>1. That the existing congress<lb/> | ||
of human laws is <add>have been</add> the work<lb/> | of human laws is <add>have been</add> the work<lb/> | ||
of design. <unclear>i.e.</unclear> <add><gap/></add> <gap/><lb/> | of design. <unclear>i.e.</unclear> <add><gap/></add> <gap/><lb/> | ||
29 Jany 1809 Strictures on Paleys Net
1
Objection - The end
aimed at by the laws,
claims consideration &
a mitigation of the
above censure. p. .
2
Answer. — The original
disease viz the severity
of the laws being
removeable no justification
can be found for
the continuing the superadded disease that
has been applied by way
of remedy. p. .
3.
Repeal being practicable
no use in encouraging —
1. Perjury in Jurymen
2. Subornation of Jurymen. p.
4
Reasons are thus dispensed
with, & arbitrary
apologists are fostered &
encouraged. p.
5
Wrong is impossible &
praise certain. p.
6
And human life
becomes the sport of
hypocrisy & venality. p.
---page break---
1.
Objection. If this censure
were just it would be
impossible to do right
2
Answer. Yes as long
as the existing alleviation
viz. ex-
---page break---
1
The proportional
number of instances in
which the laws in question
are executed is
very small, and self-delusion
represents it
as smaller than it is.
per lawyers, capital
and not capital
( in effect) is the only
distinction malefactors
apprehend & remember
Hence to make a law
known it is necessary to
make it capital
2
The law would decide
once for all. Judges
&c then could agree to
consider the matter afresh
each time. each time
each person deciding
perhaps by a different
rule
3
The conclusion.
legislates, qui
judice relinquit:
optimus judice
qui
4
Page 20. In a ?
number the instances
in which (page 780)
he himself undertakes
to give a of proper
.
---page break---
Recapitulation
I. in theory
1. That not general
but particular vengeance
or rather its
(for vengeance supposes
offence) is the proper
ground and occasion
of punishment>
II. Errors in respect of fail
1. That the existing congress
of human laws is have been the work
of design. i.e.
comprehensive design,
the whole together.
He who should attempt it
would be branded as a
or as a .
2. That the lot of
under the law depends
after the
mind on which it is found
to depend p. 41.
|
Identifier: | JB/107/198/001"JB/" can not be assigned to a declared number type with value 107. |
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|---|---|---|---|
|
1809-01-29 |
1-6, 1-2, 1-4 |
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107 |
law versus arbitrary power (a hatchet for dr paley's net) |
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|
198 |
strictures on paley's net |
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|
001 |
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|
marginal summary sheet |
1 |
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|
recto |
d6 |
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|
iping 1804 |
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|
bernardino rivadavia |
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|
1804 |
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35189 |
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