JB/063/161/002

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               EXEMPTION ACCIDENT Negligence 4*.

by this time, the reader will by this time think with me that as much mischief may be done
by laying down rules of Law carelessly, particularly in on such matters subjects where nothing
at all ought to be laid down & by following them when they are laid down as by driving carts.

[I believe too] he will still further concur with me in thinking that the encreases
in on these matters that has been made by the Judges into the province of the Jury, is
of the most pernicious grossest abuses that has innocuously been introduced into the Law — pernicious
[the reader says], not merely because in such a matter the opinion of 12
men is better than that of one [also] who hears what they do 1 or 4 who hear
the 10th part, nor because men taken out of the body of the people would be more
likely in such a case to lay down such rules as men like themselves would will
understand, but because if these cases had been decided as they ought to have been by that temporary
they would have been dropped as they into the of oblivion as they arise and not have been
[preserved kept standing as and erected into] false Beacons to posterity.

               Damages proposed.

The Quantity of Punishment when relevant is not less liable to objection than the Method that
has been taken to ascertain its relevancy: The punishment being at present in all cases of
Homicide either Hanging or forfeiture of Goods, together with branding &
Imprisonment, or nothing: in either hanging or nothing in In Homicide I say, for in Arson in Mayhem
Wounding+ it is otherwise & as it should be

               + the only remaining cases which
 come within this
                   topic
except [false swearing]

               from the passage from in the Mirror
that has been cited, it
                   looks as if
they when had once stumbled upon
that method of
                   proportional correction

                   of negligence which was afterwards abandoned
that [divisions]
                       gradations of punishment as the of Law [as it] settled
 into
                   Form becoming as it were
more hard & angular.

Identifier: | JB/063/161/002 "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	161	Info in main headings field	exemption accident negligence
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4*
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	20350
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