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March 19. 1826
Penal Code
7 B.1. General Titles
Cap IV. Instruments of Delinquency
7 §. deception &c deception
16
Wilful falsehood
criminalizes not only
offence but also otherwise
blameless acts
Of wilful falsehood, how slight sooner
be the evil produced by it, to any assignable
individual, the effect will be not only to give a decided
character of criminality to that which
of itself would be an offence, not even to an
act which, but for the evil instrument, that
employed in the performance of it, would be
blameless and therefore as such lawful.
17
Thus trade corruption
injurious but
productive of preponderate
good, mendacity
always injurious &
never productive of
preponderant good
Thus, in the case of ordinary trade, and
the competition during traders. It may be said
and not without truth, that, on the occasion
of such competition, no one person sells his
goods commodities, while those of any other remain unsold,
without its being true to say, that by one
such person his profit has been made, to the
detriment and at the expense of another
But this evil, such as it is, is not only productive
of preponderant good — to wit, the
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