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3
SECT. IV. Connection
together could do, to make this Murder here unlawful?
truly unlawful do you mind me? if it was not that those two Laws, [that] you
see above there, above have made it so already? You
stare, I see: and yet it's true. [Mind me how I prove
it.]
To instance⊞ ⊞ [says the Doctor]† † p.42 in the case of "murder: this is expressly
"forbidden by the divine and demonstrably by
"the natural Law; and from these prohibitions
"arises the true unlawfulness of this Crime". All
the unlawfulness, therefore, that it has – the "true unlawfulness"
– is what arises from their prohibiting it.
It never could be at all truly unlawful but for them.
Unlawfulness I am speaking of here (in an action) is the being against
Law: to be unlawful, is to be against Law. Of
Human Laws t' now, there is an article (suppose)
against Murder. In those Laws, there is (suppose)
no such article. This being the case, Murder you
are to understand cannot be is not unlawful, it can not is not
be a against Law.
And here you have the conundrum. The puzzle is,
which to give it of two answers: that Murder
is not, when it is not, against those Laws: or
that it is not, when it is, against a human one.
To make things the matter clearer⊞ ⊞ and that we may have the notion of unlawfulness at our fingers end, he goes on to tell and tells us, that
"those human Laws that annex a punishment to
"it" [viz: Murder] "do not encrease its moral guilt
"or encrease superadd any fresh obligation in foro conscientiæ
to abstain from it". [its perpetration".]
Identifier: | JB/028/052/003 "JB/" can not be assigned to a declared number type with value 28.
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comment on the commentaries |
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052 |
sect. iv connection |
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003 |
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text sheet |
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recto |
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jeremy bentham |
[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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