JB/067/278/001

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7 April 1826
Penal Code
Ch. Justifications, &c 11
Why render the
agent responsible
where no blame is
imputed
12
Reason so is the
patient blameless
& if no blame be
attachable to the
patient on the score
of evil intention it is
not so on the score of
tenacity or negligence

Rationale. Question: why render the
agent in some cases compensationally
responsible, where no blame is imputed
to him. answer: Reason. Because , if
the agent is blameless, so, by the supposition
is the patient, therefore, For as
much as by the supposition suffering
must rest somewhere, no evil is produced
by casting it on the patient agent
more than would be produced by leaving
it to rest on the patient. But, on
the part of the agent, blame though
incapable of being proved may have
had place notwithstanding: and though
not the blame of evil intentionality at
any rate a degree more or less considerable
on the score of tenacity or
negligence by the general rule by which
in cases the agent is eventually subjectable
to the burthen of compensation,
a motive which otherwise wd not have
place is applied, tending to produce
in a case of the sort in question a
greater degree of attention and consideration
than would have had place otherwise:
and by this means the commission
of the offence may be prevented in instances, in
This reason applies stronger
force in cases of .
See Inro d. cases
for punishment.
if otherwise would have had place.

Identifier: | JB/067/278/001 "JB/" can not be assigned to a declared number type with value 67.
Date_1	1826-04-07	Marginal Summary Numbering	11-12
Box	067	Main Headings	penal code
Folio number	278	Info in main headings field	penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	john neal	Watermarks	j whatman turkey mill 1824
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	22111
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