★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
Law de FACI — Law not to be pushed beyond Intention
<head>MURDER. It is holden for Law, that if a Person is struken another with an Iron Bar it is Murder
It is also holden for Law, that if a Person is strucken another with a great Stick, it is Murder
In the first place, the words Great Stick fix nothing: for they never convey the same meaning mean the same thing to
A Stick is a name that may be given to any thing from a Ld Chamberlain's wand to a log
Hopp-Pole
[+]
From the whole then of what has been
said I trust is appears
That these doctrines are most necessarily
be either false or useless: false
& mischievous to the last degree if literally adhered to
if literally adhered to; useless, if
deviating from the literal meaning, the
is after all turned back
to the general point of intention
which they make a shew of narrowing
by further particularization.
There are pieces if iron from the size of 3 or 4 to 12 Inches to no used for the purpose of making
magnets, & these as well as are called by the name of Ir Bars of Iron as much as those which are
just landed at the Steel Yard
In the next place, supposing if they fixed upon a certain size, they were exclusive of all beneath it, they would fix
wrong — For as on the one hand, a stroke might be given with a Stick or Bar above
that size, It is known that the whatever it be, without any & yet and in that effect, without in that effect <add> & without intention of its so may it with a a stick
or a Bar below that size, and yet be be the true cause, notwithstanding of the Death, so
Ready
The necessity of connection finds
If they are not up against the doctrine of the intention
they are bad false I mischievous: if they
are meant to concur with it, they
fail in doing so.
The probability of Death (from whence is inferred when it is great the intent to cause it) or from being
as the quantity of matter of the Instrument with which the Stroke is given, is not even
as the momentum, only which includes the force velocity besides: it depends upon 4 several circumstances
of which these are but two; the two others being, the part of the body on which the
stroke falls (& this may be the effect of chance) and the particular constitution of the habit of body of the suffering
It is well known that a scratch (which yet may very well be deemed the sine qua non of his death) shall be fatal to a man & causing other
habits of body who could have stood a stroke of 50 times the momentum in good health
When of 4 circumstances that are thus concerned, only one is taken into the account
It is easy to see of what force weight of value ... the one inference made [only] from that one must possess
When guilt is privately inferred
from a circumstances which have no
any further than as it a
mark helps to indicate intention; which
it can never do be, but according
as 9 others concur to the same in parsity
the same way.
Instance of questions
much more likely to involve Questions
of Law & much more susceptible of general rules
(What are Necessaries for an Infant yet left to a Jury are
Andr. 278
|
Identifier: | JB/050/082/001 "JB/" can not be assigned to a declared number type with value 50.
|
|||
|---|---|---|---|
|
050 |
procedure code |
||
|
082 |
certainty law & fact |
||
|
001 |
|||
|
text sheet |
1 |
||
|
recto |
|||
|
jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
||
|
16073 |
|||