JB/016/035/001

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1825 Sept 6. Penal Code

Ch. III Offences - Person+Reputati
§ 3. Challenging

3
Confusion of the
substantive law
without distinction
of species of homicide

On this occasion, the substantive branch,
composed of a confused tissueentanglementof common and
Statute Law grafted upon each other, makes no
in this case of homicide no distinction between
the case where the slayee has been
consenting, and that in which he has not
been consenting to his own death. The blind
rule, according to which, wherever one man's
death has been produced against law, another's
ought to be produced by, and according
to, law, being the foundation on which, whatsoever
less extensive arrangements, whether
of a limitative or reampleative nature are
introduced, have been built. Guided rather by
a sort of confused instinct, than by any thing
that can justly be termed reason, (universal
scarcely or any occasion presenting any
thing which can merit that name), Juries
have felt an invincible repugnance to the giving
effect to rule of Judge made Law, by
which they are required to concurr in inflicting
the same maximum of punishment in
the case where the calamity has been the
result of the most deliberateextensively mischievous design, and so
many other cases in which, in truth, it never
has been the object of any design directed to
that end. Under the influence of this sentiment,
they have given such verdicts as, while in some
cases they have preserved the comparatively
innocent and innocuous from a punishment
extravagantly excessive, have in other instances
operatedcontributedin the way of positive and effective encouragement
to the commission of crimes not
much inferior in guilt to the most flagitious
modifications of this multiform offence

Identifier: | JB/016/035/001 "JB/" can not be assigned to a declared number type with value 16.
Date_1	1825-09-06	Marginal Summary Numbering	3
Box	016	Main Headings	penal code
Folio number	035	Info in main headings field	penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c8
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1824
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	5842
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