JB/068/183/001

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1826. July 29
Penal CodeCh. IV States of the mind &c

Not less manifest is it that where evil intentionality
is though absence of evil consciousness or otherwise evil intentionality is absent
punishment in such quantity as in the case of the presence of
both would be requisite must can not but be in the whole
or in as to a part more or less considerable be useless needless
and thence preponderantly mischievous: in the whole if there be neither
either inadvertence without negligence, or missupposal without
rashness, as to a part more or less considerable, even if the
in the inadvertence there was a certain degree of negligence, or in the
missupposal a certain degree of rashness.

Question Why! Answer Reason

Why? Because though for prevention of negligence in the
one case of rashness in the other punishment in some quantity
may be necessary, yet for this purpose a quantity to an indefinite
degree less than what would be requisite to the purpose of deterring
the a person under temptation from the prosecution of the mischievous
design may be sufficient and thence a punishment to
certain degree greater preponderantly mischievous.

Suppose for example death the appropriate punishment
for the mischievous design followed correspondent by the success effect. What could not be the
alarm extensively entertained produced produced in your mind supposing
you to find reason ground for saying to yourself – here am I liable to
suffer death at any time if should it happen to him by inadvertence
or missupposal to be instrumental in the of neither
if by those to whom it belonged to judge the any inadvertence were
should be pronounced to be tinctured with negligence, or any missupposal
with rashness.

Galloping on horseback through Lincolns Inn field, the place
being said to be in a crowded state a boy run over a man and the
consequence was the man's death. By an English Judge the author act is
pronounced the act of murder of this death was pronounced a murder, and the alledged murderer sentenced
to death, and put to death
accordingly, as effectually
as if singling out the deceased
the design had been
to put him to death, though
ill will is for him. Could death upon death be necessary to no other purpose than to such boys to how they rode on horseback in a galloping pace, or a street or road where there are passengers?
With at least as good reason might the Judge himself
have been dealt with as a murderer for negligence in
judging, as the horseback boy for negligence in galloping.

Identifier: | JB/068/183/001 "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	183	Info in main headings field	penal code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d5 / e5
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	22378
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