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Why and in what sense Intention 8
is regarded?

What shou might & should have been the reply? Even this: The moral quality of the intention
is what the Law (i:e: the Judges) and/or the Jury) neither can be satisfied of nor cares to enquire — In
full contemplation of the integrity of a criminal's intentions the Law General Rule of Law can
pronounce no other Sentence than in the contrary Idea — the nuisance malignity
if it be so called of the intention is neither to be collected by the Judges
nor inferred by argument pronounced without it: nor yet is it to be at all consider'd by the Jury.
In effect, to what purpose or with what hopes of success pursue the ignis
of [this sort of moral] intention — The intention of a Bookseller in
publishing party pamphlets is sometimes commonly to get money, sometimes to serve
his country; often to do both But by what, in the power of these two motives is
mixed mingled in various indistinguishable proportions — by what ga criterion would
you detect the presence or absence of either: or by what gage would you
measure the respective forces of both? But be the motives what they
may the act is what it is — either it is prejudicial to the community
or it is not — if not, it ought not to be punished at all — it ought
not to be punished at all, if the mischief produced by the punishment be
greater than the crime: † † v. Canons of Legislation. if it is, and the former be not
greater than the latter mischief, the same measures are to be taken to prevent
it whatever may have passed in the mind such motive may have influenced the conduct of the criminal, which is
what human Tribunals neither can know, nor knowing ought to regard

Consider the consequences of the contrary position were it established: they must
be one of these — either that Party Libellers shall in no case be punished.
or that two Jurors of equal integrity and discernment, on the same day
in the same cause with the same evidence before them must give opposite

A Party Essay is published by written by one man and printed by another full of
invections against a Minister [or the King] — not the Minister that is now,

Identifier: | JB/063/122/002
"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 and in what sense intention is regarded?





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jeremy bentham


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


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