JB/068/179/001

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1826. July 29
Penal Code

Ch. IV
States of the mind as with reference to delinquency
§. 1. Use of this enquiry.

Art. 1. As of the matter under the preceding topic so under this. The use of this enquiry the matter is – contributing
to the making of due appropriate provision in regard to punishment
in regard to the several means of repression, and in particular
in regard to punishment.

To constitute a demand for punishment, there must be two requisites
must concurr: a vitious will, and a vitious a corresponding certain state of the understanding
expressions already belonging to employed in the vocabulary of jurisprudence.
By state of the will or for shortness a vitious will understand a the desire and endeavour
to give birth to produce the mischievous evil which has taken place: or if
not that precise result, some other which forasmuch as if it
had taken place would also have been mischievous, was
more or less near of him to it.

By For a vitious state of the understanding, understand the existence of evil consciousness, or
for shortness, a vitious understanding, a state of evil consciousness: that is to say a state in which understand the knowledge
of all the circumstances in the concurrence of which the mischievousness
of the result was produced consciousness of the evil probably attendant on the act about to be performed: say in two words evil consciousness.
Out of a state of evil consciousness the mind may be taken by
either of two circumstances: 1. the one is inadvertence; to wit
with reference to some circumstance without which the mischievous
result would not have been produced: the other is missupposal:
the erroneous supposition of the existence of some circumstance
by which had it been in existence, the mischievousness
of the result would have been countervailed by some
preponderant good.

(a)
N.B. In the understanding there is not any will: any
defect – any imperfection: the more correct and compleat a man's conception of the case, the more vitious the will.

Identifier: | JB/068/179/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1826-07-29	Marginal Summary Numbering	not numbered
Box	068	Main Headings	penal code
Folio number	179	Info in main headings field	penal code
Image	001	Titles	ch. iv / states of the mind /with reference / as/ to delinquency
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	22374
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