★ 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
1827 July 26. Oct. 23
Penal Code Law Amendment
1828 Feb. 29
Ch. 11 All comprehensive
§. 6 Good & Evil Applied
Plan of the Work
§. 1. Offences collectively
114 18. IV. State of Mind
IV. States of the mind
as to delinquency – uses
of the exhibition. Adaptation
of appropriate
remedial application.
115 19. IV States of Mind
States of the mind as
to delinquency are
1. As to consciousness.
2. As to intention.
3. As to inducements.
116 20. IV States of Mind
I. As to consciousness.
it may be entire or
incompleat.
117. 21. IV States of Mind
The actual result given,
on the degree of
consciousness will depend
the magnitude of
the evil of the 2d. order.
118. 22. IV States of Mind
2. So as to intentionality.
Where no intention,
no evil of the 2d. order.
119. 23. IV States of Mind
3. As to motives, for the diversifications,
see Table
of Springs of Action.
120. 24. IV States of Mind
Uses of the matter belonging
to this head, diversification
of demand
for remedy, according
to motives.
121. 25. IV States of Mind
Example – Motive the
love of wealth demand
for punishment greater
than where motive
is ill will.
---page break---
Plan of the Work
§. 1. Offences collectively
122. 26. II. State of Mind
Reason. In the case
of love of wealth, injured
persons promiscuously
taken
and mischief of 2d.
order unbounded, but
in the case of ill will
towards an insulated
individual, mischief
of 2d. order minimized.
123. 27. IV. States of Mind
States as to consciousness.
Uses of exhibition.
1. Affording grounds for
adaptation of remedies.
2. For adjustment of extenuations.
3. For determination
of exemptions.
124. 28. IV. State of Mind
Where there is no
consciousness, there is –
1. No mischief of 2d the 2d order
produced.
2. No preventive effect
producible by punishment.
125. 29. IV. State of Mind
As to intention, uses
of exhibition, similar.
126. 30. VI. Off. compleatness
V. States of the offence as
to compeatness
1. Preparation
2. Attempt.
3. Consummation.
127. 31. VI. Off. compleatness
Of these classes of acts
diversifications indefinite
according to
the nature of the offence.
---page break---
Plan of the Work
§. 1. Offences collectively
137 32. VI. Off. compleat uses.
Uses of this exhibition
1. Reminding the legislator
on each occasion
to look out
for diversifications
in preparation and
attempt.
2. Indication of demand
for partial punishment
where the case falls
short of consummation.
138 33. VIII Co-Offenders
VII. Co-delinquency
and co-operation modification.
139. 34. VII Co-Offenders Uses
Uses of the exhibition
Memento to Legislator
to look out for the part
which each co-offender
bears in the preparation,
attempt and consummation.
140 35. VII. Co-Offenders Uses
Topics to which these
uses are particularly
applicable.
1. Assistance to comprehensiveness
of enactment.
2. Attention to demand
for appropriate application
of satisfactive remedies.
3. Attention to demand
for exemption from
punishment.
---page break---
Preparatory Resolutions
§. Codification
1. Matter
46. 20. States of Mind
Different states of feelings
produced by endurance
of wrongs, and
distribution, requisition
and loss of
rights, and the progress
of the good and evil
thence produced to be
taken account of
for the formation of
a rational basis
for legislative enactments.
First principles
of justice these.
Identifier: | JB/064/034/001 "JB/" can not be assigned to a declared number type with value 64.
|
|||
---|---|---|---|
1827-07-26 |
[[marginal_summary_numbering::114 [or] 18 - 140 [or] 35]] |
||
064 |
Penal Code |
||
034 |
Law Amendment |
||
001 |
Plan of the Work / Offences collectively |
||
Marginal summary sheet |
1 |
||
recto |
D9 / E9 |
||
20388 |
|||