JB/028/050/003

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SECT. IV. Connection

the fear of being hanged for it is a fear that proceeds
from the human Law, (that is the Law of the Country)
having made it unlawful; having forbidden it under
pain of hanging, having declared in short that he
shall be hanged for it if he does it. Whether
now those other fears only and not this are obligations
in foro conscientiæ let those is what I shall leave now to those for the present to enquire consider further who may think it
worth their while.⊞ ⊞ ⊞ Obligare, to oblige, is Latin for to bind, to bind a man to do a thing, is to make him do it; to make him be the occasion of its his doing it: to hold him fast in such a manner from doing its contrary, that he does that. As to the word conscience, and the use of it upon
an occasion like this, we may have something more to say to it, in
another place.

The next thing we learn [concerning them] in,
as much as comes to this that if we obey a law that bids us do a
thing, for instance, committ Murder for example, we disobey
a Law that bids us not do it.† † p.43. C.2. Nay, if any &c

The puzzle is to think what sort of a Law this should be:
what I do not mean what probable, but what conceivable human Law it should be that should command bid
us to committ Murder: I mean to those who
know what they mean by Murder. Murder
is the act of killing of a man without [having] any alleviations excuses
or justifications for it; of which latter that
of being commanded bid or allowed to do it by the Laws is one.⊞
⊞ NOTE
I am very much concerned It gives me concern
to be obliged find myself
to tell our Author
what Murther is:
seeing that, were had I
the ill luck to be tried for my life it
before him, it might
be somewhat the worse
for me, if he did not
know and thus there is no Murder in if the case. Not but that
he might have understood
it as well as most
men, if confining himself
to that Law with which he had to do, he had kept his head himself clear of
the Laws Natural and Divine, [with which he had no sort of reason to be meddling occasion to intermeddle in peoples business.
Where there is no such justification in the case, the Law
meaning the Municipal Law forbids the act, under a greater or less certain penalty of death, as
the case is and then the act is Murder. Where there is, the Law enjoins it, or
at least allows of it, that is either leaves it at a man's option
whether he will committ it or no, imposing no penalty in either case: from
let him act which do as he will: or else impose a penalty on him.
This being the case, how a human Law should enjoin or allow him to commit murder
is what I shall know, when I understand how it
is that the same Law, can [be] speaking to the same person at the
same time [bid a thing] can mean a thing should be done and not be done.

Identifier: | JB/028/050/003 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering
Box	028	Main Headings	comment on the commentaries
Folio number	050	Info in main headings field	sect. iv connection
Image	003	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b1 / b2 / f3 / b4
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [lion with crown motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9315
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