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JB/063/124/002

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GENERAL EXEMPTIONS. False Distribution of. by. Blackstone
ACCIDENT.

After having thus particularly discussed the topic of intention, we shall find little difficulty
remaining the applying it to in the consideration of the several cases of Infancy — Infirmity
Drunkenness — Ignorance Accident Necessity+cases enumerated by all Jurists as
+ Self-defence - Advancement of Justice.
so many real or apparent heads of exemption from criminality<add>guilt & therefore according to them <add>frompunishment.

Guided by the observations above established, we may dispense ourselves from the metaphy-
operation of splitting the mind into Will and Understanding, an operation
which in this instance teaches those who perform it only to wonder more methodically proceed methodically wrong, & is a
source of much perplexity, sense contradiction & no not any satisfaction. I say
"no satisfaction", because tho' in this method of treating the subject object of the [ of]
the] reader readily enough accompanies many of the in positions ordinarily laid down, yet it
is no thanks to a method which having no connection with the principle of
[general] utility which governs his affections, is not calculated [to make any suppression upon the affections] of itself to produce any well established conviction in his <add>mind


---page break---
in putting which I dare say
the reader has by this time anticipated me

A Question of two + that may be put will explore it's insufficiency very clearly. The Will is wanting
in this man here, the understanding in that is wanting there — [let it be so] — but what of that
supposing punishment to be useful in these cases, ought it to be withholden? and
supposing it unless in any others besides these, ought it to be inflated? — The
truth is, the mind finding it impossible to acquiesce in either of those two reasons
silently quietly passes on to the popular one, viz: that it is unjust to punish any
for doing what he cannot help, and there it rests. which This reason, it will be perceived originated
ultimately in the principle passion of retribution or vengeance; which no longer finds a
-table object in a subject which destitute in the instance in question of all mor-
character, stands is in that respect upon in the same predicament a level with a stick or stone.II But however
delusive as when taken for original, or referred to this latter origin, it may notwithstanding
be received when corrected [explained &] reduced under to a subordination to the principle of general utility
it may for instance for who cannot help what he does is not punished — why? not merely because
he himself can not help it: but because, another man in a similar situation,

II a principle which running along
in a track in many & even most places parallel
to the line of general utility, may
answer tolerably well the ordinary purposes
of private conduct: but as it
also deviates from it in other
places very widely, can never be
that which a Legislator is to
pursue.



Identifier: | JB/063/124/002
"JB/" can not be assigned to a declared number type with value 63.

Date_1

Marginal Summary Numbering

Box

063

Main Headings

law in general

Folio number

124

Info in main headings field

book ist offences in general exemptions accident

Image

002

Titles

Category

text sheet

Number of Pages

2

Recto/Verso

recto

Page Numbering

/ d1

Penner

jeremy bentham

Watermarks

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

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

20313

Box Contents

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