JB/068/175/001

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1826. July 11.
Penal Code.
1
Ch. States of the Mind
1
§. 1 Results announced.
Ch.
States of the mind with respect to delinquency.
§. 1. Results announced. Results
I On the part of the intellectual
faculties
1 Evil consciousness
2 Temerity including
1 Blameless missupposal
2 Inattention
3 Blameless error
II On the part of the volitional
faculty
I Single
II Divided
1 As to the immediate
act rarely exemplified
2 As to the ultimate
evil result Examples of the
Shot of a gun evil results
temporary pain in
various shapes with
or without permanent
evil or death

They are 1. On the part of the Intellectual faculty.

1. Evil consciousness: consequence, with a view to punishment,
criminality
dolur.

2. Temerity or negligence: consequence as to punishment
culpability:
culpa.

In temerity are included 1. Blameable missupposal.
2. Inattention, or insufficiency of attention, through negligence.
3. Blameless error: cause of the evil, misfortune: as to punishment,
impurity.

II. On the part of the Volitional faculty.

I. Single or undivided: II. Divided or say undiscriminating
to wit in both cases.

I. As to the immediate act rarely exemplified.

II. As to the ultimate, evil result.

Examples. Immediate act, shot of a gun or pistol; evil
ultimate result, one act of four results any one of them
capable of taking place; to wit, 1. temporary pain, more or
less intense and lasting, with or without temporary disfigurement,
or disablement, or both; 2 temporary pain,
with perpetual disfigurement; 3. temporary pain, with
perpetual disablement; 4. temporary pain, with perpetual
disfigurement and disablement; 5. temporary pain, with
mutilation; 6. at the end of a course of temporary pain,
with or without these several aggravations respectively,
death.

1 as to In case of evil consciousness
cases for full punishment
1 Evil of 2d order compleat
2 Evil intentional
3 Evil the result of a
special motive
4 Evil of 2d order variable
according to the motive
5 Fear of punishment
repressive

1. In the case of evil consciousness, ordinary full punishment
is indicated by the following considerations.
1. The evil mischief of the second order has place in full force.
2. The evil is intentional, both as to the immediate act
and the ultimate evil result.
3. It is the result of some special and commonly ascertainable motive.
4. The quantity of the evil of the second order is variable according
to the motive.
5. Punishment will by the fear of it, naturally by more or less efficacious;
will tend to be productive of a repressive effect.
II In

Identifier: | JB/068/175/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1826-07-11	Marginal Summary Numbering	not numbered
Box	068	Main Headings	penal code
Folio number	175	Info in main headings field	penal code
Image	001	Titles	ch. / states of the mind with respect to delinquency
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	john flowerdew colls	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	22370
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