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Indirect
Wanton and malicious mischief done to property.
The violent passions such as lust, revenge and avarice
are by no means the only sources from
whence mischief is apt to flow. An idle query traveller
travelling where he had not known stops at an inn, spends a few pence
or a few shillings and by scrawling some silly ribaldry
sports a looking-glass worth as many
pounds. Suppose the master of the house were
to see it done before his face: what⊞ ⊞ would he be the better for the discovery? nothing By the English law nothing at all, remedy
has he? By the English law None at all if he does not know him:
for by the it gives no power to stop him. This
is but one out of an immeasurable multitude of
cases that might be put in which men's property
is liable to be destroyed suffer at the hands by the wantonness of strangers
whom against whom upon the present plan unless by great accident they were there can be
have no recourse. The remedy in question is the more Against this ample class of offences injurious
crimes the English law, a few starts of excepted,
has done nothing: so that I have been forced to fabricate
a name for it, the general idea being
absolutely unknown [to the common law, the only
lawful merit for appellations of this nature.] You
For cutting a pig's tail off you may be hanged; and For offering to tear a whole hole in a man's
stocking you may be made a slave of:† † 6. G. 1. c. 23. and for that is
cutting a pig's tail off you may be hanged if it be done in London Streets: but there is no punishment if the you
mischief is done choose to do the mischief in a play-house, and if you
will go to an inn, you may cut the carpets to pieces, tear the curtains,⊞ ⊞ and demolish a whole wardrobe.
(a) To this creature species sort of mischief idle piece of wickedness I have been a
frequent witness: and I just confess never, I must own, without a degree of
indignation, in which however that ideal being called
the law has had the greatest share.
Identifier: | JB/062/180/004 "JB/" can not be assigned to a declared number type with value 62.
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield emblem]]] |
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