JB/068/265/001

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1825 Feb. 26
Penal CodeB.1. General Titles
Ch. VI. Offences against Trust

In fact defraudment is punished less
servants their theft.

But in the as yet general state of public mind,
the degree of antipathy exerted by an offence antipathy
in relation to an act has been taken as constituting of itself without any evil effect tending on the part of the act a proper and
sufficient ground for attaching punishment to the act: and
accordingly where the act itself has not only an evil tendency
but such a tendency as creates an indisputable ground and demand
for punishment, the force intensity of the antipathy is
commonly taken for the appropriate measure of the magnitude of the punishment.

In so small degree delusive is however this measure,
and pernicious would be the consequence if it were practise
were uniformly employ guided by it – for if it were, the effect result
and to no inconsiderable extent would be that of two
offences which antagonizing offences which as presenting procuring the same profit present themselves to the choice of an evil
disposed person the most mischievous would be embraced
in preference to the least mischievous.

In truth though in certain cases from by the relation between
trustee and beneficiary the suffering evil and wrong on the part of the
trustee receives its creation, in other cases in far from
being created by this circumstance it is lessened. The way
in which it is productive of this effect denomination is this. In proportion
as confidence in the self-proposed wrongdoer is a
necessary ingredient in condition to the commission and success of the
offence and the reaping of the profit expected from it, the idea of a proportionable
degree of security has taken place in the mind of him those
who whose situation exports him them to the offence.
By the supposition without his their consent the offence can not
be committed: and proportioned to the height of the degree
which his own prudence and vigilance occupies according to his own estimate on the scale of those
virtues, proportioned
is in that same estimate
the degree of
his own security
against the offence.

Identifier: | JB/068/265/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1825-02-26	Marginal Summary Numbering	not numbered
Box	068	Main Headings	penal code
Folio number	265	Info in main headings field	penal code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d3 / e3
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	22460
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