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Purs Tit. V. Ch. VII

Note (a) continued

the writing the obnoxious discourse is what it is,
the facts alledged by it are true or false: the censure convey'd by it is well or ill deserved.
In the case where the facts in it, if it contain
facts, or the censure in it if it contain censure
are false, then and then only it becomes
material to look into the mind of the delinquent in order
to measure out observer the ground for punishment: though
even then it is not so much his the delinquent's motive that
is the true object of enquiry (for what investigation
could be more hopeless?) as the condition of
his mind in point of consciousness. Though the fact
alledged by him turns out to be false, was he
conscious of its falsity, or did he believe it to
be true? if he did, was it upon probable grounds
or light grounds or no rational grounds at all?
In a word is his delinquency to accompanied with
mala fides with evil conscience, or is was it the
effect of a temerity more or less culpable, or of
an error altogether excusable mistake?

In a word in delinquency as in prosecution
every thing depends upon the consequences, eventual
or probable. In the case of delinquency in
many instances the motives consequences of the motive has
an influence on the consequences of the act in many
cases: in the case of prosecution, not in
any; the consequences are equally in all cases, whatever
be the motive, the execution of the law. For the differences respecting motives, intention, and consciousness, and their respective influences on the consequences of an act of any kind, see Introd. to the principles of Morals & Legislation 4to 1789.

Identifier: | JB/051/273/001
"JB/" can not be assigned to a declared number type with value 51.


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evidence; procedure code

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tit. v ch. vii




note (a) continued


text sheet

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jeremy bentham


[[watermarks::[britannia with shield emblem]]]


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