JB/068/171/001

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1823. August 20
Constitutional Code of ProcedureCh. V. Instruments of Delinquency

Premeditation pretence of
of.

Evil consciousness may apply to
1. Action
2. Speech: viz of its falshood, and then its
noxiousness – 2. of its noxiousness in other
ways

Ch. or §.
State of mind of a party or extraneous witness in respect
of blame – its diversifications of which it is susceptible.

Delinquency On the part of the individual in question
delinquency suppose no matter in what shape has place. On the certain
following diversifications of which it is susceptible depends
the demand for the burthen of compensation at his expence
as also that the demand for punishment.

Most blameworthy First state of mind evil consciousness, or say
mala fides – the individual is in this case sometimes said
to be in malâ fide – or say consciousness of blame.
The act which on the occasion he is performing is of
the number of the acts prohibited interdicted by law⊞ ⊞ or by the rules of morality – he knows is apprized that
it is so – he yet exercises it notwithstanding.

Note that this evil consciousness admitts of degrees
namely in case of mischief according to the shape and degree of the mischief
of which it has become productive.

Most Less blameworthy Second state of mind – Rashness – or say temerariousness
or temerity. The Productive the is apprized that Productive of the blameworthy
mischievous effect eventually prohibited produced
by his evil stands inhibited by law: he is apprized of
its being so: it is has been produced by him for want of that due auction
which a man in his situation might and should have
used, and which he failed to use.

In regard to one part of the mischief actually
produced evil consciousness may have had place, rashness
without evil consciousness as to another.

In the case of evil consciousness the seat of the vice is
in the moral part of the individuals mental frame; in the case of rashness
in the intellectual.

Identifier: | JB/068/171/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1823-08-20	Marginal Summary Numbering	not numbered
Box	068	Main Headings	procedure code
Folio number	171	Info in main headings field	code of procedure
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1822
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1822
Notes public		ID Number	22366
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