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''This | <head>Jan 1809 C</head> | ||
<head>Peines<!-- gap --> Paleys Net</head><!-- headings in pencil --> | |||
<p><note><!-- note in pencil -->1<del>3</del>4 Paley - Death if invariably inflicted <del><gap/></del> would be <del>appli</del> applied by the legislature to a small number of offences to the exclusion of others in which from <del>their</del> being accompanied with aggravating circumstances it might be <hi rend="underline">required</hi>.</note> | |||
<lb/> | |||
"For' (continues he) "if judgment of death were reserved for<lb/> | |||
"one or two species of crimes only, which would probably be<lb/> | |||
"the case, if that judgment was intended to be executed without<lb/> | |||
"exception, crimes might occur of the most dangerous<lb/> | |||
"example, and accompanied with circumstances of heinous<lb/> | |||
"aggravation, which did not fall within "<hi rend="underline">any</hi>" description of<lb/> | |||
"offences that the laws had made capital, and which consequently<lb/> | |||
"could not receive the punishment their own malignity<lb/> | |||
"and the public safety required."</p> | |||
<p><note><!-- note in pencil -->1<del>4</del>5 This a repetition of the same error that has been answered above</note> | |||
<lb/> | |||
Thus for the reverend Doctor. Still the same <gap/><lb/> | |||
<gap/> - still the same unfounded and gratuitous<lb/> | |||
assumptions - <add>viz</add> that in a number of cases, and those<lb/> | |||
undefined <del>and</del> <add>and indefinable —</add> punishment of death is necessary to the public<lb/> | |||
safety and that the infliction of it with an unlimited <add>unbounded</add><lb/> | |||
degree of frequency may be and is perfectly justified by<lb/> | |||
reasons without number, <add>all of them altogether inexpressible</add> for no one of which any man<lb/> | |||
can find or need trouble himself to find expression <add>words or</add><lb/> | |||
at least general ones.<lb/> | |||
<note><gap/> <gap/> <add><gap/></add> <unclear>be</unclear> <gap/>, <gap/> <gap/> <gap/> <gap/> When can Judges first And <unclear>men fall out they know</unclear> <add><gap/> <gap/></add> out <gap/> <gap/> <del><gap/> <gap/> <gap/></del></note></p> | |||
<p><note><!-- note in pencil -->16 Paley - And it would be known that such offences might be committed without danger to offenders life ans<hi rend="superscript">r</hi></note> | |||
<lb/> | |||
"What is worse" (continues he) it would be known beforehand,<lb/> | |||
"that such crimes might be committed without<lb/> | |||
"danger to the offender's life." — This worse? this another <add>an additional</add><lb/> | |||
mischief, worse than the <add>any</add> one mentioned before? No: not <del>in</del> indeed:<lb/> | |||
it is <add>still but</add> the self same <add>supposed</add> mischief given over <add>repeated</add> over again in other<lb/> | |||
words. <add>Indisputably,</add> To be <!-- gap --> if the crimes in question might be committed<lb/> | |||
without danger to the offenders life, this <del>inferior</del> <add><del>difference</del></add> degree <add>point</add><lb/> | |||
<add>of law would</add> <del>of penality would</del> take its chance <add>with other points of law <del><gap/></del> penal law</add> for being known, and so far<lb/> | |||
as it comes to be known, and produce that difference in conduct <add>as above</add> which<lb/> | |||
he takes for granted it would produce, the crimes in question would to use <add>his</add><lb/> | |||
<!-- rest of text in the margin -->his own words "not receive<lb/> | |||
"the punishment ..... the<lb/> | |||
"public safety required.<lb/> | |||
But this is exactly<lb/> | |||
what he said before.<lb/> | |||
For such is the Reverend<lb/> | |||
Doctors zeal to destroy,<lb/> | |||
<unclear>in a way</unclear> as he does with so much complacency the God of Blackstone's idolatry in the character of the destroying Angel - But his rhetoric has driven his logic out of his mind.</p> | |||
Jan 1809 C Peines Paleys Net
134 Paley - Death if invariably inflicted would be appli applied by the legislature to a small number of offences to the exclusion of others in which from their being accompanied with aggravating circumstances it might be required.
"For' (continues he) "if judgment of death were reserved for
"one or two species of crimes only, which would probably be
"the case, if that judgment was intended to be executed without
"exception, crimes might occur of the most dangerous
"example, and accompanied with circumstances of heinous
"aggravation, which did not fall within "any" description of
"offences that the laws had made capital, and which consequently
"could not receive the punishment their own malignity
"and the public safety required."
145 This a repetition of the same error that has been answered above
Thus for the reverend Doctor. Still the same
- still the same unfounded and gratuitous
assumptions - viz that in a number of cases, and those
undefined and and indefinable — punishment of death is necessary to the public
safety and that the infliction of it with an unlimited unbounded
degree of frequency may be and is perfectly justified by
reasons without number, all of them altogether inexpressible for no one of which any man
can find or need trouble himself to find expression words or
at least general ones.
be , When can Judges first And men fall out they know out
16 Paley - And it would be known that such offences might be committed without danger to offenders life ansr
"What is worse" (continues he) it would be known beforehand,
"that such crimes might be committed without
"danger to the offender's life." — This worse? this another an additional
mischief, worse than the any one mentioned before? No: not in indeed:
it is still but the self same supposed mischief given over repeated over again in other
words. Indisputably, To be if the crimes in question might be committed
without danger to the offenders life, this inferior difference degree point
of law would of penality would take its chance with other points of law penal law for being known, and so far
as it comes to be known, and produce that difference in conduct as above which
he takes for granted it would produce, the crimes in question would to use his
his own words "not receive
"the punishment ..... the
"public safety required.
But this is exactly
what he said before.
For such is the Reverend
Doctors zeal to destroy,
in a way as he does with so much complacency the God of Blackstone's idolatry in the character of the destroying Angel - But his rhetoric has driven his logic out of his mind.
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Identifier: | JB/107/208/001"JB/" can not be assigned to a declared number type with value 107. |
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1809-01 |
14-15 |
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107 |
law versus arbitrary power (a hatchet for dr paley's net) |
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208 |
peines paley's net |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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35199 |
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