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In the course of this reading of the above<add>Reverend Doctor's</add> sermon, two or three timeshere and there, a suspicion,
I must confess had come across me, of the Doctor's being in earnest:-
that the power for which he was contending was not meant
by him to be compleatly arbitrary: but that something of by way of
check, in the shape of moral responsibility at least was
meant by him to be recommended by him as proper to
be applied to it. The act by which it was to be exercised
was to be "a judicial act": the "dependence" of "the executive
"of the sentence upon.." the quality and circumstances of the crime"
was to be not only "believed" but "known" to be the case " in
and this " in each part of the proceeding."
In On the occasion ofa judicial act" three connected objectsthings are reg regularly
brought to view - 1. the general rule - 2. the supposed facts which
are supposed to bring the case under that rule: 3. and
the evidence by which the existence of those several facts
is made out or endeavoured to be made out to the satisfaction
of the and to whomjudge of those to whom it belongs to judge.
Identifier: | JB/107/257/001"JB/" can not be assigned to a declared number type with value 107. |
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1809-01 |
1-2 |
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107 |
law versus arbitrary power (a hatchet for dr paley's net) |
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257 |
peines |
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001 |
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text sheet |
1 |
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recto |
e56 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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35248 |
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