JB/068/174/001

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March 18. 1826
Penal Code
Evil cons
2 B.1. General Titles
Cap V. State of the mind Evil &c
2 §. Evil consciousness 3
In English lawyers
language Evil consciousness
inappropriately
termed
mala fides

In The language of English lawyers, the
idea here expressed by evil-consciousness is expressed,
though neither adequately, uniformly, nor
very characteristically, by the two worded appelative phrase mala-fides

4
Evil consciousness is where
agent known his act will
be an offence & yet commences
& perseveres in it

By the case of evil consciousness understand
the case in which the agent knows that
the result he is endeavouring to produce would
if produced, give to the act by which it is
produced, the character of an offence — an act,
prohibited by the law. Yet knowing this, he
commences and perseveres in it. In a word,
he is conscious that what he is doing is evil,
or by the law, at least, regarded as being so.

5
Temerity, where agent
does not know that his
act will be an offence
but his ignorance
arises from want of
the attention which a
person desirous of
avoiding evil wd have
pd on the occasion.

In the case of temerity, the circumstance,
which constitutes that an offence, is
not known by him to have that effect. But,
that it is not so this ignorance has for its
cause, the want of that attention which a person, who is duly
solicitous to avoid doing evil, would have bestowed on the occasion; and
by so doing would have avoided the production of the evil result actually produced.

( ) To exhibit a clear idea of the distinction between temerity
and negligence, may require the application of it to the
case of this or that particular offence.

Identifier: | JB/068/174/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1826-03-18	Marginal Summary Numbering	3-5
Box	068	Main Headings	penal code
Folio number	174	Info in main headings field	penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
Penner	john neal	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	22369
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