★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
1828. Jany. 30
Law Amendments, or Duelling ExtinguishablePropositions
Whoso sheddeth blood by man shall his blood be shed.
In this text many a human and well-meaning man finds a
sufficient warrant for homicidal punishment in the case of homicidal
delinquency. But To arguments drawn from the text
answers are the following.
1. Blood may be In the way of punishment, were it needful
blood might be shed without extinction of life: for example by
whipping.
2. Instead of shall be shed, the original might well with
propriety be considered will be shed, that is to say will naturally
be shed – those on whom it depends will be disposed
to shed it.
3. Of To the law of Moses this text belongs, not to the
law of Jesus: if on this point the law of Judea is to be
made the law of England – the law of those days the law of
these days, so in all other points; altogether arbitrary is
any distinction which any man can take upon him to draw
between the cases in which the law as by others in Judea ought
to be regarded as binding in England and those in which it
ought not.
As in all other cases so in this not by imagination
but by reason should practice be determined: not by images
but by choice in the account of pain of ple and pleasure,
pleasure being here altogether out of the question, that course
should be taken by which pa the net quantity of pain promised
be minimized.
4. Those who would be for applying homicidal punishment
in the case in which they would employ murder in giving denomination
to it would not many of them at least in the case of duelling homicide by duelling: yet is
not only blood shed as truly shed, life is truly extinguished in the case of duelling, as in the case of
assassination.
Identifier: | JB/016/234/001 "JB/" can not be assigned to a declared number type with value 16.
|
|||
---|---|---|---|
1828-01-30 |
not numbered |
||
016 |
law amendment |
||
234 |
law amendments, or duelling extinguishable |
||
001 |
inserenda |
||
text sheet |
1 |
||
recto |
c1** |
||
jeremy bentham |
|||
6041 |
|||