JB/068/180/001

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1826. July 29
Penal CodeCh. IV States of the mind &c
§. 1. Use of this enquiry

The inadvertency may have been or not been
justly chargeable or attended with negligence: the missupposal may have been or
not been justly chargeable attended with temerity or say rashness.

It was is not chargeable with negligence, if the case was –
that had the supposed delinquent agent in question instead of the eventual patient been
exposed to the mischievous mischief of the result, he would, he being supposed a endowed or
possessed man of an ordinary understanding his judicial faculty of his
mind being supposed of possessed of an ordinary degree of appropriate
aptitude: it is

The inadvertence It was chargeable with negligence if for want it was through a deficiency of that
degree of attention which had supposing he himself instead of the eventual
patient been exposed to suffer from the act, an average man
a man of endowed with an ordinary degree of carefulness, would have bestowed
upon the circumstances of the case, and been thereby deterred from
exercising the act.

The missupposal was chargeable with temerity or say rashness, if
a man of endowed with an ordinary degree of carefulness, would
before he had himself acted on the supposition and acted accordingly
would have bestowed upon an examination of the probability
of the matter of fact supposed, and would accordingly have
abstained from the exercise of the act, regarding the evil mischief
of it as not being attended with the go momentarily supposed good, by
which had it been attended with it it would have been compensated.

Identifier: | JB/068/180/001 "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	180	Info in main headings field	penal code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	22375
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