JB/063/158/002

Click Here To Edit

EXEMPTION ACCIDENT Negligence

Confining ourselves [Now therefore if we confine] ourselves as we have hitherto done to such cases where the energy exerted no such visible nor
customary connection with the obnoxious incident, the doctrine point I have been contending
for respecting the impropriety of punishment, will not & trust after what has been
said be easily controverted. But what it will be where it has such a connection? it will appear
does <add> is this punishment it will be said, require here to deserve a different consideration?, & what it will be in respect to the
punishment in these cases ougth to be established? & till any as I answer no none at all —

What are the shall be the Rules of Law by which
its relevancy is to be determined?

The gradations of that connection are so equivocal & insensible, that we can have no Ideas of their dist- respective know-
& if they we had, words would be still wanting to express them: and tho' with a view to that practical
doctrine on this head I have spoken made a distinction of that between the absolute absence existence & presence non-existence
of such a connection in any degree, yet that that distinction has no limits ascertainable limits in the nature
of things will very evidently appear — To take for a general example as we have done
all along the case of Homicide — If the presence of intention to produce the obnoxious event be ascertained, the criminality is out of
dispute and it the crime is murder or manslaughter according to the disposition of other circumstances
which will be considered in their proper place. But if the such intention be
absent, or it's absence or presence be left remain to be collected from the absence or present of
connection what ought to be the rule of punishment established in the event of
the presence such connection? I answer no there ought no fixed rule at all — ascertain first <add> let the proper jurisdiction in the best way
they can, the absence or presence of instruction; it's absence presence ascertained, the present subject
is out of question; it's absence ascertained, then let them apportion ascertain the degree of -ness
in of that connection by affixing their own proportion of a variable punishment
none at all; if their opinion be, that that connection in the under circumstances in question wo-
so slight so little obvious as never to occur; more or less as they think it likely
to be more or less strongly in contemplation: let them in short in short (to bring this investigation
at once into the track of ordinary familiar discourse) apportion the punishment to
the degree of Negligence.

only serve as a source of
to posterity
to be regarded - each case being
from those most resembling
in a thousand circumstances incapable
& standing into
of being comprised into a general description
stands upon its own bottom &
ought not to be assumed as
rule for any other.

Tho' I have made these distinctions in words there is no apprehensible distinction in itself <add>the nature the-
answerable to it

The variety of such cases, is
endless & the differences will
not come under any verbal description

Where the gradations are so insensible between the degrees of guilt & even between guilt
& no guilt it is a great imperfection that the punishment should be [immense or nothing]
tied down to a certain quantity, & that certain general rules should be laid down for it's application
which either cannot be applied to if applied must be productive of disproportion [irregularity hardship]
make all this apparent very clear.

The Shades of negligence are so
indistinguishable, that where the
Punishment is either grievous
or none at all it is impossible
to lay down any satisfactory
Ruler relative to that colour
where it shall commence
of its commencement

every general proposition on
this subject must be either
incapable of application being applied or
a source of error if it was applied
erroneous

Our ideas could can not find any
fixed & distinct pain to
to ; & could they,
they would not find words to
express them &

An example or two will I trust

Identifier: | JB/063/158/002 "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	158	Info in main headings field	exemption accident negligence
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	20347
Box Contents