JB/050/077/001

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MURDER LAW X FACT. 2 The world would not hold them.

It is only from the conjunct occurrence only concurrence of all these 6 facts, that the inference of the intention is here
But that 6 facts previously the same as these (individual person & place excepted
should ever occur to in conjunction in any future case of supposed murder, is a choice of
one to probably many thousand — This then is the choice that it has for being of any
service on this score — but even this is not all the distinction from its value; for its
efficacy in towards the establishment of certainty to be here considered, is not it's total & absolute efficacy, but so much only as
from its adoption over & above what would accrue from the permitting of the
to judge in the supposed future case <add>in any given concerning the intention without it: if therefore the certainty of them make
always the like inference is almost entire, the chance of like efficacy, of this measure of supposing it
making it ready else without them (even supposing against probability that a case will ever happen where
it is applicable) is almost as nothing.

Whensoever the case is such, that
there is no rule of Law by the knowing of which
he who is to decide, would be
better enabled, better so do to.

Now this is the case when the thing whose
existence of non existence is to be
pronounced is either 1st An Act.
2d a Phenomenon: or 3dly a Causality

But by the same rule that this groupe of facts should be is minuted & preserved for the sake
of serving as a rule for others ought every other that occurs in every other case; not
only of wonder, but of every other crime, & so throughout the Law — The
consequence of this is, that in by a certain period there will never be more Law than any man can
read doing nothing else from the day of his Birth to that of his Death How far such a situation of things
admitts of certainty, I leave to any one to pronounce.

If the hitherto undisputed axiom be
true "Syllogizari non est ex particulari."
No particular proposition
can be of any oth use in Law any
further than from it's being (by
the instruction of the individual tests
of Time Place & person) from
it's being turned into a general one

I think I may now venture to establish my conclusion, reporting as this particular
case, that no advantage could but a disadvantage accrue to Justice either with reference to that or to any future
cases from the judge's assuming upon himself to judge of the intention, & in general
that no advantage but a disadvantage could accrue to justice but a great prejudice from his exercising the power
and that to the Jury, and to that alone, if so long as they are permitted to meet & do
any thing, ought the power preference of judging intention to belong

Identifier: | JB/050/077/001 "JB/" can not be assigned to a declared number type with value 50.
Date_1		Marginal Summary Numbering
Box	050	Main Headings	procedure code
Folio number	077	Info in main headings field	murder law & fact
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16068
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