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24 Decr 1811
Evidence
If the error be only in respect of quality, the
quantity being exactly what is due, the evil (it may
occurr) may be but imaginary. – To the parties
The answer is – if it be the evil of he first order, and nothing
themselves. The evil of the first order, yes: viz. so far farther that is looked for, yes:
as concerned concerning the feelings of the pretence both viz. that which has for its the feelings of the parties on
either side or on both sides: notwithstanding the error,
quantity, of suffering on the one side, of enjoyment on
the other, being, notwithstanding the error in quality by the supposition,
the same as if there had been no such error. But howsoever
it may be in the case of satisfaction, in the case of
punishment, if, as supposed by the supposition, there
be an error in respect of quality, the effects of that
error will render themselves sensible by the production of
evil of the second order: i.e. the people at large
will, in some shape or other, danger or alarm, or both, be sufferers from it.
For Of the importance of quality in punishment see
Introd. Ch. Properties and of the distinction between first and second
and third orders as applied to evil and to good,
views have been given in other places.† † Introd. Ch. Properties. Dum. Legist. Civil Civ. A : Dum.
(c) [service at large.] viz. i.e.: otherwise than by collation
of a right, which, as above, is the most frequently exemplified,
though not the only, shape, in which judicial
service is rendered not consisting in the application
either of satisfaction or of for wrong or of punishment,
is rendered.
Identifier: | JB/047/239/001 "JB/" can not be assigned to a declared number type with value 47.
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1811-12-24 |
4b continued, 4c |
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047 |
rationale of judicial evidence |
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239 |
evidence |
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001 |
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text sheet |
1 |
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recto |
c2 / d8 / e8 / f25 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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15107 |
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