JB/047/397/001

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Evidence

§. 4. Of the Conversion of criminative facts to inculpative acts into independent substantive
offences separate offences.

As, with for the prevention of mischief in whatever
shape it is capable of assuming, the legislator, proceeding
with due caution, not <hi rend="underline"> in</hi> may find sufficient warrant, for putting upon the list
of prohibited acts any sort of act that presents itself as
having in a preponderant degree that tendancy, and as well that this
absolutely, and without reference regard or regard to any other sort of act,
so may he for putting upon that same list any sort of act
under the notion of a criminative its being an inculpative circumstance, evidentiary
of the deliquency in some this or that substantive and independent –
shape: On and it is on this on which the facts of
shape. Nor is it to be denied, but that this, if any, is of the
number of the ways, in which the is made to receive the
punishment not to render this, in
field of punishment may be and has been, made to receive so beneficial many beneficial extensions,
extensions and the progress of delinquency so many additional
and impediments and checks.† † Dumont

But, to render a more exclusive preserve an arrangement of this sort from
being very repugnant to rendering itself injurious to innocence and repugnant
to justice, two precautions conditions are necessary to be
fulfilled: so that, if not by the very nature of the case, at any rate by
positive institutions, in so far as depends upon the legislator, as far as depends upon the legislator the existence of the prohibition be effectually
presented to the mind of the every individual on whom
it is imposed: the 2. that the matter of fact, thus
be on which, with regard to one reference to the individual on whom placed in the circumstances
in question, the character of a conclusively inculpative fact is thus
bestowed, be not of the same number of those, the existence
of which, for want of knowledge by blameless ignorance or any other
cause, it may have been put out of his power to
prevent. Unhappily Of neither of those conditions will
the fulfilment be found altogether so constant as could be
wished. For Particulars, reference must unavowedly will find their place in
be made to the body of the work.

Identifier: | JB/047/397/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1		Marginal Summary Numbering	1
Box	047	Main Headings	rationale of judicial evidence
Folio number	397	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d8 / e1 / f8 / f169
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	15265
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