This is addressed somewhat in the essay. For example, it mentions that God and Roman emperor Trajan limit the maxim to capital punishment, but Blackstone consid

This is addressed somewhat in the essay. For example, it mentions that God and Roman emperor Trajan limit the maxim to capital punishment, but Blackstone considers his version to apply to all forms of punishment. http://www2.law.ucla.edu/volokh/guilty.htm#T37 http://www2.law.ucla.edu/volokh/guilty.htm#T37