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1827 Sept. 1
Penal CodeCh. V. Instruments of Delinquency
§ Blameless acts, by force or fraud converted into crimes
§. How by either of the force or fraud, and not otherwise, interception of profit is convertible
into a crime.
It is to be observed that both by force and fraud in
the character of evil preponderant evil – is given to many a large
class of acts an act to which, but for the use of this instrument
no such character would attach. Of this phenomenon state of things
the cause may be seen in the circumstance which has
given denomination to the Disappointment preventing
principle.
In every case in which profitable for benefit in any shape
competition has place between persons in any number greater
than one, benefit including profit is by some one – by the successful competitor
intercepted, intercepted and prevented from reaching
any of the rest others. This being the case – such interception
shall it be made punishable? shall it be treated on the
footing of the Offence. Of a penal laws enactment for that purpose
would be – if no person were excepted, an interdiction of
all trade: if one alone were excepted (and who on this
case should be that one?) the establishment of a monopoly
in favour of that one: if a few, in favour of those few.
Identifier: | JB/068/168/001 "JB/" can not be assigned to a declared number type with value 68.
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jeremy bentham |
brocklesby & morbey 1827 |
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edmund henry barker |
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1827 |
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22363 |
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