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Why &how far Intention is regarded? 5

a pettyfogger is worse than a common Highwayman, that — — — — —
— — — — — — — — — and the like.

Arson is another crime in which I can suppose the necessity of considering the malignity
of the intention will probably be may be insisted on — One Man out of Malice lights
a fire which catches hold of a Barn and consumes it — another
without malice, lights a fire, for example to boil a pot: the fire catches
hold in like manner of a Barn and consumes it. Now here again it
may be said — the physical act in both cases is the same viz. the
lighting of the fire: and the intention to do that act we will suppose in both also equally is
questionable — wherein therefore it may be asked do the two cases differ if
not in the malignity of the intention? allow the intention to do the
act of lighting the fire the same in both to be equally unquestionable: but
I answer, that act is in fact not the act in
question; it is not the act obnoxious to the Law: the act obnoxious to the Law
is not the applying fire to loose sticks or other inflammables but to
Edifices: it is the intention to do that physical act that which is the to be sought
after and that which constitutes the his Crime and that being ascertained, all
is ascertained that is necessary for the infliction of the punishment — the malignity
or consciousness conscientiousness of the intention comes not into consideration: whether
to gratify revenge by the destruction of an enemy; or Avarice, by the removal
of a lifeholder of property of a preoccupant/life-owner of an expected estate or to serve God by the destruction
of Heretics [+] [+] The neighbourhood by the removal
of an incommodious & unseemly
or the King State by that of disaffected persons that might
be in the building. happen to be on within the walls.

Burglary observe Night
I have avoided changing
the Term tho'

In like manner in Housebreaking & Burglary also, to avoid prolixity, endless repetitions the acts the like there are physical
of performing which constitute is to be enquired after are the breaking open, the edifice &
the taking.
Tis The conjunction of these two intentions accompanied with the execution of the act of disruption/attraction with active commission of Larceny or with the intent to committ Larceny
an act in pursuance of the of them that together forms constitutes the essence of that crime. take away
the Larceny or the Larcenous intent and you have nothing but a civil trespass or at most
an inferior misdemeanour — take away the attraction and you have nothing but

Identifier: | JB/063/119/002
"JB/" can not be assigned to a declared number type with value 63.


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law in general

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why & how far intention is regarded?





text sheet

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jeremy bentham


[[watermarks::[gr with crown motif] [britannia with shield motif]]]


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