JB/107/203/001

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27 Jan 1809. Evid. Prosp. View 3

3 5 Occasions for capital punishment being thus inexpressible beforehand whenever inflicted no reason for its infliction can ever be assigned The A lot of punishment The circumstances by on
which the propriety or impropriety of a lot of punishment depends
capable of being perceived, and yet incapable of being expressed!
propriety of punishment depending depends upon circumstances
altogether indescribable and inexpressible,or what is as bad, capable of
being on each individual occasion, expressed and described after the act has been committed, but not
before: - expressed —
always for the purpose of destruction, never
for the purpose of warning!

A lot of punishment Under the rules which the Reverend
Doctor gav has provided for his guidance, suppose
a lot of punishment to have been administered by by the earthly
God of Dr Paley's and Doctor Blackstone's idolatry. A
is conceived by a pupil of this school - on a
presumptuous curiosity indeed - but not yet too presumptuous
to be conceived - a curiosity to know whether the punishment
exercise thus made performed if the power of punishment
was proper or improper. This curiosity could it on
the principles of the Reverend Doctor ever possess the smallest
chance of obtaining satisfaction? Impossible: Not it indeed: the circumstances
in which the propriety depends were it is true
capable of being perceived, and were perceived accordingly,:
the propriety of it is therefore not of above dispute superior to all: but
as to the being enumerated or defined, or at least understand enumerated
and defined beforehand — at any rate either that
exactness which is requisite in legal discussion — this is
in other words to be expressed with any sufficient exactness - is what it is not in the nature of such circumstances
to be susceptible of.

Incapable of being enumerated or defined beforehand: and
yet according to the admission insinuated, thus , not incapable capable of being
enumerated or defined afterwards! These circumstances be
they what they may, hear they or hear they not they is they not susceptible of a name?
If yes, what should hinder its being delivered beforehand? If no,
how is it capable of being delivered afterwards! 6 Though if those circumstances have a name that name is as capable of being given to them before as after the offence is committed.

Identifier: | JB/107/203/001"JB/" can not be assigned to a declared number type with value 107.
Date_1	1809-01-27	Marginal Summary Numbering	5-6
Box	107	Main Headings	law versus arbitrary power (a hatchet for dr paley's net)
Folio number	203	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3 / e3
Penner	jeremy bentham	Watermarks	th 1806
Marginals	pr1	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	35194
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