★ Find a new page to transcribe in our list of Untranscribed Manuscripts
Jan 7 1809 ss.2 11 Peines Paley Net 5
Ch Paley 9 Per Paley Power of relaxation not given punishment would be inflicted where not undue or not inflicted where deserved
"Without the power of relaxation lodged ()
"in a living authority, either some offenders would escape
"capital punishment, when the public safety required to
"suffer; or some would undergo this punishment, where
"it was neither desired nor necessary."
10 But what is here assumed viz. that the punishment of death is necassary - is not true, since from malefactors as well as from madmen who ar when at large are more dangerous all danger is prevented by perpetual imprisonment
The most persuasive — and thence, where erroneous
and pernicious, the most pernicious — mode of assertion, is
the indirect that conveyed in the indirect the oblique form by implication
or assumption. In this deceptitious mode is the here conveyed the
proposition that there are cases, and those of ordinary
occurrence, in which the punishment of death is necessary
to the public safety. In the general nature of things, this can
not be true: because for by imprisonment the if perpetual,
whatever danger the public could might otherwise be exposed to,
is no less effectually prevented than it could have been
by death.
Identifier: | JB/107/205/001"JB/" can not be assigned to a declared number type with value 107. |
|||
---|---|---|---|
1809-01-27 |
9-11 |
||
107 |
law versus arbitrary power (a hatchet for dr paley's net) |
||
205 |
peines paley's net |
||
001 |
|||
text sheet |
1 |
||
recto |
c5 / e5 |
||
jeremy bentham |
th 1806 |
||
andre morellet |
|||
1806 |
|||
35196 |
|||