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-should -be school, is exactly the same thing as to any<lb/> | -should -be school, is exactly the same thing as to any<lb/> | ||
<hi rend="underline">is</hi>, and ever <hi rend="underline">will</hi> be.</p> | <hi rend="underline">is</hi>, and ever <hi rend="underline">will</hi> be.</p> | ||
<p>"But" (continues he) let this power be deposited where<lb/> | |||
"it will, the exercise of it <hi rend="underline">might so be</hi> regarded, not as a favour<lb/> | |||
to be yielded to solicitation, granted a friendship, or<lb/> | |||
"least of all to be made <unclear>sabsonical</unclear> to the conciliatory or<lb/> | |||
gratifying of political attachments" [or less them least of all, <lb/> | |||
(he might have added) to the putting of many into the products<lb/> | |||
of those byt whom it is procures]"but <hi rend="underline">as a judicial act</hi>:<lb/> | |||
"as a deliberation to be conducted with the same character of impartiality,<lb/> | |||
with th e same exact and diligent attention to the <unclear>proponents</unclear><lb/> | |||
<add>and circumstances</add> of the case, as that which the judge upon the bench<lb/> | |||
"was expected to mo<gap/>am <hi rend="underline">and show</hi> in the trial of the prisoners<lb/> | |||
"<hi rend="underline">guilt</hi>. The question whether the prisoner be guilty, and<lb/> | |||
"whether, being guilty he ought to be executed, <hi rend="underline">are equally</hi><lb/> | |||
"<hi rend="underline">questions of public</hi> justice. The adjudication of the latter<lb/> | |||
"question is as much a <del><gap/></del> function of <unclear>magistrates</unclear> as<lb/> | |||
the trial of the former. The public welfare" (here the Reverend<lb/> | |||
Doctor is sit a nodding for a moment by the virtue<add>opiate <unclear>narcistic</unclear></add> of <del>his</del> own<lb/> | |||
"sermon) "the public welfare <add>says he</add> is <unclear>interupted</unclear> in both. The conviction of<lb/> | |||
"an offender should depend upon nothing but the proof of his guilt,<lb/> | |||
"nor the execution of the sentence upon any thing beside the quality<lb/> | |||
"and circumstances" [viz. the <add>according to him</add> <unclear>undescribable</unclear> circumstances] of his crime. JB</p><pb/> | |||
Considered in itself, thus arbitrary, and anti constitutional,
and pregnant with abuse, and incapable of being properly
exercised, is the power which constitutes one of the two corresponding
and antagonizing forma of the Reverend Doctors exquisite
system of policy. Butforagainst all this mischief the Doctor
has a remedy - a remedy ofin his own sortstate - a statement
in the true rman state, of the manner in which the power
aught to be exercised which, according to the system
of synonymation received in the every -thing - is -as -it-
-should -be school, is exactly the same thing as to any
is, and ever will be.
"But" (continues he) let this power be deposited where
"it will, the exercise of it might so be regarded, not as a favour
to be yielded to solicitation, granted a friendship, or
"least of all to be made sabsonical to the conciliatory or
gratifying of political attachments" [or less them least of all,
(he might have added) to the putting of many into the products
of those byt whom it is procures]"but as a judicial act:
"as a deliberation to be conducted with the same character of impartiality,
with th e same exact and diligent attention to the proponents
and circumstances of the case, as that which the judge upon the bench
"was expected to moam and show in the trial of the prisoners
"guilt. The question whether the prisoner be guilty, and
"whether, being guilty he ought to be executed, are equally
"questions of public justice. The adjudication of the latter
"question is as much a function of magistrates as
the trial of the former. The public welfare" (here the Reverend
Doctor is sit a nodding for a moment by the virtueopiate narcistic of his own
"sermon) "the public welfare says he is interupted in both. The conviction of
"an offender should depend upon nothing but the proof of his guilt,
"nor the execution of the sentence upon any thing beside the quality
"and circumstances" [viz. the according to him undescribable circumstances] of his crime. JB
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Identifier: | JB/107/239/001"JB/" can not be assigned to a declared number type with value 107. |
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1809-01-31 |
8 |
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107 |
law versus arbitrary power (a hatchet for dr paley's net) |
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239 |
peines paley's net |
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001 |
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text sheet |
1 |
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recto |
e38 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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35230 |
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