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By Mike Fitzgerald, Gregor McLennan, Jennie Pawson

'There is way the following that's really arguable, yet not anything that may be ignored.' instances academic complement

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He shows how a discretionary system, operating in a society where there were gross inequalities of wealth, was highly conducive to manipulation and control by the propertied men who created the substance of the law, overlooked its execution as justices of the peace and were the customary prosecutors in trials for theft. 6 The patrician elite, able to choose whether to prosecute, whether to provide character references for the accused and whether to ask that mercy be extended to the guilty, wielded a veritable sword of Damocles over plebeian Englishmen.

Jeremy Bentham, Samuel Romilly, Richard Price, and Joseph Priestley were the leading members of the group. 27 The relationship between these two traditions is exceedingly complex. There was much about the philosophes that disturbed even those English reformers who admitted their influence. Romilly had family connections with the Rousseauian The ideological origins of the penitentiary 37 radicals of Geneva, and he visited most of the leading salons of Paris in the 1780s, paying calls on Diderot, d’Alembert, and Helvetius.

IX, pp. 268–71. My emphasis. 26 Christian, ‘Charges delivered to Grand Juries in the Isle of Ely’, 1819, p. 291 (my emphasis, followed by Christian’s). Jenkinson to Recorder of London, 22 May 1761; PRO, SP 44/87, fos. 19 and 20 (my emphasis). 28 The legal definition requires that the purpose should be unlawful, not simply ‘extra-legal’. But here the law falls into a ‘Vagueness [which] renders it possible for judges to treat all combinations to effect any purpose which happens to be distasteful to them as indictable crimes, by declaring this purpose to be “unlawful”’.

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