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when the matter is already decided by a "will" or a "will not"; even were the forms proposition <add> much
less exceptionable which it is not then thisIn fact Since by the supposition someone one of two innocent person
must die, I see no reason why the man in question may should not chuse rather that that
person should be the other than himself; but granting he is bound to prefer neither to
that other's safety to his own: by the same rule that other is bound to prefer his
upon which consideration in which case it will be just as fitting in theory after all & much more commodious in
practice, that each man should take charge of his own security proper preservation: — [Observe
that] this [delicate piece morsel] of casuistry founded on no judicial decisions tho' advanced
with the same confidence as if it was had been [a casuistry which sends because one innocent man
going out of the world is not enough, sends another after him] is diligently gather'd up
by the Author of the Commentaries II who in another place utters a maxim that
contradicts it, with equal the like approbation composure.

The same Author, who sees it very right that a man should be hanged to a
purpose, acquiesces with perfect tranquility in the doctrine of a wife's being exempted
from punishment in capital offences committed by the "simple command" or authority
"of the Husband express or implied." But this indeed holds good says the Author of the Commentaries it seems only with respect
to "Theft, Burglary or other Civil offences against the Laws of Society" that "
"of an exception in Crimes that are mala in se, & prohibited by the Law of Nature as"
"Murder & the like" Observe once more that Theft between the first & the fourth book of the
Commentaries has changed it's nature; there it was a malum in se — here it is [got to be]
a malum prohibitum only: a small one specimen amongst others of the confusion & contradictions in which
the discourse of you must inevitably be entangled who assume this scholastic distinction for their
Murder & the like & we might learn upon the authority of the Author's opinion, that in certain other cases however still, stand their ground; if we did but know what was
meaning of by the like; far from being altogethera point matter not so easy where a thing does not continue like itself for
passages together.

+ two men upon a plank
one shoves the other off
Bacon. v. also I Com. 129
where this maxim is uttered with
approbation ignosciter in que
properium sanguinem qualite
qualitater redemptiem voluit

A child (who is not excused) up to a
certain age is more unequivocally
under the compassion of a Father
than a Wife under that of an

The reasons for this distinction between the 2 classes are not less unfortunate of the articles under it's branches than the arrangement: one
which is that these last "are of a deeper dye:" a position to which every body will very readily assent to (causing
all just exceptions to these like where they are discover'd) tho' the consequence is not perfectly

humbly afraid of having a of
by an Act of the British Legislature
or seeing that the people however poorly domiciled in a temporal, still continue for over vagabonds in a spiritual sense & that the inequality of our
crimes exercised hourly upon much greater difficulty, would know what it was to/a moment scarce feel from this the embarrassment of a moment from so trifling an one as this.

Identifier: | JB/063/164/002
"JB/" can not be assigned to a declared number type with value 63.


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law in general

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exemptions necessity





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jeremy bentham


[[watermarks::[gr with crown motif] [britannia with shield motif]]]


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