★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
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.
|
|||
---|---|---|---|
063 |
law in general |
||
161 |
exemption accident negligence |
||
002 |
|||
text sheet |
1 |
||
recto |
d4* |
||
jeremy bentham |
[[watermarks::[gr with crown motif] [britannia with shield motif]]] |
||
20350 |
|||