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1828. Jany. 19
Law Amendment or Penal CodePropositions
fell to pieces by its own imbecility
Art. To the purpose of post-obituary compensation,
with or without imprisonment for an indefinite term wheresoever either relative evil conscie
intention as to the fatal effect, or relative evil consciousness as
to the probability of it has place, and no adequate
justificative cause has place, no want of certainty
in respect of the connection between the maleficent act
and the maleficent effect will operation as a cause of exemption.
It may occurr that if where evil consciousness as to of
the probability of the maleficent effect from the maleficent
act has place, intention to produce give birth to that same effect
can not but have place. This however is not so: for
the existence of relation the intention supposes some in such a case some strong
desire to gratify, with the attention being bent to the accomplishment
of it: whereas the evil consciousness may have place,
the maleficent act be performed and the maleficent and fatal
effect be produced without the existence of any such desire,
in this case the act may have for its cause, heedlessness
or say the want of due attention – of that degree of
attention by which if bestowed, the maleficent act would
have been prevented: and as the existence of a motive is a
causa sine quânon of action, as no action can ever have
place without but in consequence as the effect of some adequate motive
or combination of motives, so in this case the a motive
suited belonging to the case must be found, and it will be that the love
and desire of ease – or in one word say indolence, carelessness,
recklessness, and heedlessness.
Identifier: | JB/016/205/001 "JB/" can not be assigned to a declared number type with value 16.
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1828-01-19 |
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jeremy bentham |
j whatman turkey mill 1827 |
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jonathan blenman |
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1827 |
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