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1818 July 12
Penal Code
2 Gen Titles
Aspect
2
In this case delinquency may have issued
from either of two sources viz the State of the Law
and the State of the fact.
From the State of the Law again, from either
of two Sources viz, ignorance and misconception:
ignorance viz of the existence of any provision of
Law relative to the subject in question: misconception,
viz the existence of the Law being known,
and the tenor of it in sight, the having assigned
to those its words an import varying on
the point and in the degree in question,
from that which in the opinion of the Judge
it was the intention of the Legislature to convey.
In so far as the delinquency in question
has had for its cause the State of the Law
itself whether of that State the effect has
been to produce ignorance or misconception
the delinquency is liable to have had for its cause
more or less of blame on the part of the Legislator:
to render him as free as possible from all such
blame is among the object of this Code.
Of the case in which delinquency has for its
source ignorance or misconception in relation to
maters of facts, it is not necessary here to speak
further. What for this purpose is sufficiently
evident is, that of the whole expence of that
which is commensurate with the field of Law
there is not a particle of the whole field of matter of fact
in relation to which such ignorance, or such misconception are not liable to have .
Identifier: | JB/068/123/001 "JB/" can not be assigned to a declared number type with value 68.
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