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CERTAINTY Judgment
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An absurd point of Law respecting this is, that if
the Judgment there be contain any thing beyond the autho-
-rity of the Court, instead of being reversed or altered
and confirmed as to the rest, it must be reversed
altogether, & thus [ de hoc qui?] the offender
tho' ever so atrocious must go unpunished —
This is a clear power of Pardon exemption in a Judge
if he thinks proper to use it.
Judgment where the punishment is fixed, is
nothing as it were but a a declaration of the Law already existing Warrant: where it
is discretionary, it is an . It is a
modification of the Law: it is within certain
& instructions an ex post facto enactment of a new Law, adapted to the particular case.
Identifier: | JB/050/149/001"JB/" can not be assigned to a declared number type with value 50. |
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050 |
procedure code |
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149 |
certainty judgment |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
[[watermarks::[partial lion with crown motif]]] |
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16140 |
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