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Voluntary or not voluntary? could never be a question in not alter the case in mayhem
any more than in Trespass — for in an appeal of mayhem
appeal of Mayhem at common Law where the penalty
which was but a particular action of Trespass the penalty
was damages Although it is laid in the Indictment "Felonicé" which were in all cases given alike in
collected and nothing but damages, which for voluntary or non voluntary mischief were always given
as well in case of involuntary as voluntary mischief
adjudging therefore that this was mayhem, was only adjudging
that and this case where though the incident turned out to be
unintended, the an appeal of Mayhem was a proper remedy
and was not parallel to the adjudged, this a case to be was
manslaughter wh punishable as it was then by Death
where the circumstance of the intention determines the penalty.
[Sr Edw. Coke would] To construe men out of their lives was to Sr Edw. Coke an exercise of his [to shew his]
logical ingenuity as Muley Ishmael would chop off their heads; to shew his
dexterity slight of hand. that the Tyrant was said to perform his operation with display a good deal of — in the performing
dexterity: whereas but the Lawyers must be confessed to be wretched bungling.
These are the materials which Sr Edw. Coke had before
him or might have had before him when he broke out into
that outrageous aphorism —
With these Ideas on the question " what is Murder"? it is that Sr Edw. Coke calls
for the Zeal against the prorogation of pardons, which any other exertion of power and
would expect them in vain
I have entered into this innate detail this early in the outset
of the work Book
For the sake of letting him see in this specimen from what
questionable apochryphyl materials lawyers Writers have collected some of these doctrines these aphorisms
which they deliver with so much dogmatical unconcern.
In Negligence The exposing himself to the Peril of the Accident voluntary
the Accident itself involuntary.
Though perhaps there are few men capable of making it, yet all the world is capable of qualified to
it when made — let any one stand forth & say "I do not understand it, that
is my objection.
In setting up a legal distinction, particularly in penal jurisprudence In civil concerns men may
recur to others for advice but in
penal concerns a man is perpetually obliged to
his take on a sudden from his own stock of intelligence
the true question which will serve as a test of its propriety, is, would
any body have thought of it? a ground of decision which never occurred to any
one before nor will ever occur to any one hereafter, that spirit
tho' dictated by the intelligence of an Angel would be of no use
be without such a retrogradation in point of intelligence
an analogy to History
of the
enterd
which is just a less the least evil of the two than dictatorial Authority which Juries have assumed
I must confess myself to entertain an apprehension To speak the truth I am in a fear of the People's ever
losing their invalu-able privileges† But I would wish them to owe it to their wisdom
their benevolence & their Zeal, of man at the head of affairs not to their impotence.
I could easily lose all temper at keeping my attention by dwelling on this Idea fixed wholy
on those compositions: I frequently catch myself at it, I who have
no interest: who take a distant view of their . . . . .
attacks: I cannot therefore at least much wonder if that be the case with
the those who are immediate objects.
The Mob who always construe moderation into Dullness or Darkness.
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exemptions accident |
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jeremy bentham |
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