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[+]
[+] In plain language,
It is not of course for a man
because he throws at a Cock
to think of hurling another
man, much less of killing
him, but suppose the Idea
happens to come across him upon
observing somebody stand in his
way No one when he to throw at thinks he shall kill a man, or if the or hurt him; but if the
should happens upon something standing in his way, to come across him, he what will he do? will desire to
stand move on one side, & then throw in just as he did before.
The reason is, That circumstance of the act in which the illegality if any recides, is not the circumstance
with which the obnoxious incident is connected. the proper cause/in the way of causality. That circumstance is here, the quantity
of the object of the energy — an innocent and useful familiar/friendly animal — but it is not the animal
of the object that tends in any respect to the production of the obnoxious/calamitous incident. (Suppose
(to instance a decision which being much more common is much more likely to give occasion to much more of
this accidental mischief than the other
(What is in fact a much more common amusement) instead of a Cock that
object had been a pile of Oranges — No technical contrivance impunity could have attempted to have construed
this illegal — yet every body sees the probability of killing a Bystander,
identically the same alike.
We see therefore, that for this decision according to the Author's [own] account of it As to the reason then of this decision we see it is no better an other one
no better nor other reason is to be given alledged/collected that that he the Judge did not love Cock-throwing
As to the effect, if executed it was to induce a an harmless individual to
wretchedness & want, & even if not, to set hang up a false beacon light/by his pretences to posterity — †
† This does not by any means The doctrine in this case
follow of necessity from that of
those other cases above quoted
This practice ought to be discouraged, &
therefore there ought to be a Law against it
is a just theoretical inference; therefore let
us try to get a Law against it, is a good
practical one:
This practise ought to be discouraged
so therefore make a Law against it
is good an Idea to which there can be no objection
But "this practise out to be
discouraged and therefore an incident
happening at it is already manslaughter
by Law is a miserable consequence
What is remarkable is & tis on this account I said his reason was no other than that abovementioned he does not represent himself as acting upon the decidedly unwillingly
compulsion of preadjudged cases, but on the impulse spur of a Zeal an vague spontaneous voluntary Zeal
against a conceived an imagined immorality.
Whether the case here be conformable comes within to the principle on which it was decided it
is hardly worth while minutely to enquire; since it is the principle only that becomes
regularly is here an object of our concern; & the particular mischief whatever it was ensuing from the determination being long ago
suffered is inconsiderable. The fact is however, in respect to the Law is or I am much mistaken that throwing at Cocks, however it were to be wish'd
it were unlawful in any precise meaning of the word is not so: By a decision, much less by It is not declared or by any decision
by any Act of Parliament; and tho' the Zeal of a Country Magistrate circumscribed from the nature of
things in this instance the circumstanced by no precise rules might deem this pastime one
of the ingredients in the description of a disorderly assembly, yet no Indictment would lie, at least I
never heard that any one was attempted, for this specific practise fact/act: proof of it might
as a Lawyer perfectly in the Juridical phrase recorded as in part be evidence of that vague & questionable offence, but has in no
instance been deemed an offence itself
at least upon his own representation
it carries the force of being a
passed under the
impulse of a Zeal for abstract
Justice.
Probably a modern Judge, were an should it
case of this part to come before him,
tho' he would might not think thought not himself at liberty
to decide against those determinations
in the very cases (viz: of playing
at foils & at cudgels) on which they
were made, might yet (a thing which
is often done) reject the principle upon which they were founded: probably too on the other hand the facility of obtaining a pardon might dispose him to acquiesce
in it without solicitude — prosecution
likely in each a case: Coroner's Inquest would send Accidental Death
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jeremy bentham |
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