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Jan<hi rend='superscript'>y</hi> 1809<lb/><head>Peines</head><lb/>"On the other hand" (continues he) "if, to reach these possible<lb/>"cases, the whole class of offences to which they belong Is<lb/>"subjected to pains of death, and no power of remitting this<lb/>"severity remain any where, the execution of the laws will<lb/>"become more sanguinary than the public compassion would<lb/>"<gap/>, or than is necessary to the general | Jan<hi rend='superscript'>y</hi> 1809<lb/><head>Peines</head><lb/>"On the other hand" (continues he) "if, to reach these possible<lb/><note>Policy<lb/>19<lb/><gap/> <del>If apply</del> <add><gap/> Inflict</add> death in<lb/><del>to</del> all cases <del>is which</del><lb/>in which by circum-<lb/>-stance of aggravation<lb/>it may require to be<lb/>inflicted & laws would<lb/>be <gap/> sanguinary<lb/> than endurable or<lb/>necessary.</note><lb/>"cases, the whole class of offences to which they belong Is<lb/>"subjected to pains of death, and no power of remitting this<lb/>"severity remain any where, the execution of the laws will<lb/>"become more sanguinary than the public compassion would<lb/>"<gap/>, or than is necessary to the general severity."<lb/><lb/>The case he has all along in view and to which<lb/><note>20<lb/><gap/> <gap/> is here<lb/>assumed but without<lb/>any foundation<lb/>is that <del>th</del> it is<lb/>proper that the<lb/>laws should in<lb/>9 out of 10 cases be<lb/>disregarded and<lb/>that they are un-<lb/>-alterable.</note><lb/>for the purpose of justifying it be all along <gap/> his<lb/>argument is the <gap/> which among the highest powers<lb/>he supposes to prevail - viz. for <add>one out of</add> every ten <add>judgments</add> instances<lb/><del>of <gap/></del> sentencing <del>to</del> a man to the punishment of<lb/>death, the law obeyed <add>conformed to</add> <del>to</del> on the part of them who have<lb/>mere obedience to it, disobeyed and dispensed with on<lb/> the other <gap/>. This <add>state of things</add> in his view <add>exhibits</add> is, as he presently<lb/>after declares, the very perfection of good policy: nor will<lb/>he <sic>permitt</sic> himself to conceive as possible any other<lb/>course than that of <add>either</add> keeping as fact these emergency laws<lb/>exactly as they stand and giving <gap/><lb/><lb/>A proposition he <gap/> as a <gap/> is — that <gap/>-<lb/><gap/> laws by <add>according</add> which every man who does every thing<lb/>wrong is to be hanged must stand exactly as they are<lb/>at any rate: the <gap/> of them as standing <add>even in the way of</add> is of to <gap/>-<lb/>-<gap/> too painful for his endurance. Proceeding in this<lb/><gap/> he puts his question shall <del><gap/></del> be <gap/><lb/>given to them as at present in <add>no <gap/></add> one time only out of ten,<lb/><note>neither <gap/> <gap/> too many<lb/>as to this <add>single</add> point, laying<lb/><gap/> of the case the means<lb/>whereby the reduction is<lb/>effected, I of course can<lb/>see no reason for <gap/> <gap/> <gap/></note><lb/>as at present or in <add>all <gap/></add> ten out of ten? His answer is — in <add>one</add> <del>out</del><lb/>time only <del>of</del>: and that our time being in my conception of the matter | ||
Jany 1809
Peines
"On the other hand" (continues he) "if, to reach these possible
Policy
19
If apply Inflict death in
to all cases is which
in which by circum-
-stance of aggravation
it may require to be
inflicted & laws would
be sanguinary
than endurable or
necessary.
"cases, the whole class of offences to which they belong Is
"subjected to pains of death, and no power of remitting this
"severity remain any where, the execution of the laws will
"become more sanguinary than the public compassion would
", or than is necessary to the general severity."
The case he has all along in view and to which
20
is here
assumed but without
any foundation
is that th it is
proper that the
laws should in
9 out of 10 cases be
disregarded and
that they are un-
-alterable.
for the purpose of justifying it be all along his
argument is the which among the highest powers
he supposes to prevail - viz. for one out of every ten judgments instances
of sentencing to a man to the punishment of
death, the law obeyed conformed to to on the part of them who have
mere obedience to it, disobeyed and dispensed with on
the other . This state of things in his view exhibits is, as he presently
after declares, the very perfection of good policy: nor will
he permitt himself to conceive as possible any other
course than that of either keeping as fact these emergency laws
exactly as they stand and giving
A proposition he as a is — that -
laws by according which every man who does every thing
wrong is to be hanged must stand exactly as they are
at any rate: the of them as standing even in the way of is of to -
- too painful for his endurance. Proceeding in this
he puts his question shall be
given to them as at present in no one time only out of ten,
neither too many
as to this single point, laying
of the case the means
whereby the reduction is
effected, I of course can
see no reason for
as at present or in all ten out of ten? His answer is — in one out
time only of: and that our time being in my conception of the matter
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Identifier: | JB/107/209/001"JB/" can not be assigned to a declared number type with value 107. |
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1809-01-29 |
19-20 |
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107 |
law versus arbitrary power (a hatchet for dr paley's net) |
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209 |
peines |
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001 |
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text sheet |
1 |
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recto |
e9 |
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jeremy bentham |
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35200 |
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