Functional Role
In practice, the Inquisition would not itself pronounce sentence, but handed over convicted heretics to secular authorities for the punishment deemed fitting by the Church. The laws were inclusive of proscriptions against certain religious crimes (heresy, etc.), and the punishments included death by burning, although imprisonment often for life or banishment could be used. Thus the inquisitors generally knew what would be the fate of anyone so remanded, and cannot be considered to have divorced the means of determining guilt from its effects.
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“The trouble is that the expression ‘material thing’ is functioning already, from the very beginning, simply as a foil for ‘sense-datum’; it is not here given, and is never given, any other role to play, and apart from this consideration it would surely never have occurred to anybody to try to represent as some single kind of things the things which the ordinary man says that he ‘perceives.’”
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