JB/107/209/001

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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

Identifier: | JB/107/209/001"JB/" can not be assigned to a declared number type with value 107.
Date_1	1809-01-29	Marginal Summary Numbering	19-20
Box	107	Main Headings	law versus arbitrary power (a hatchet for dr paley's net)
Folio number	209	Info in main headings field	peines
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e9
Penner	jeremy bentham	Watermarks
Marginals	pr1	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	35200
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