★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
THEFT. [BR][I] LARCENY
My definition and consequently the term which it refers expresses the nature of this fact.
These modifications and relations have given reason to so many exceptions in point of punishment from
the body of the Public at large.
The Term Larceny is coextensive only with the Punishment viz: annexed to the master body of the Public extends over such cases only to which that Punishment has been annexed 1 Definition 2d Division 3d Estimation
What was the original standard punishment whereto the variations either both are this indi of allev
and of aggravation are to be referred.
To shew how that Standard has shifted gradually been transformed into it's present state: insomuch that the
restoring it in particular articles is considered as as an aggravation.
Much confusion in point of Nomenclature is owing to this; that the application of the name is not
governed by the Motive of the Action:
That writers in giving or denying the name of Larceny presumed themselves <add>have not bee conducted themselves by any steady <add>Rule, but</add></add> have been governedpresumed themselves sometimes by the
nature of this Act if others by that
of which the subject on which it is exerted:in The conseq
of which this confusion has been that <add>two persons discussing</add> in speaking of a given act proposed might say the one that it was, the other that it was
not Larceny, both meaning the same thing [Instance in a Note - Burn Larceny of Homes]
Simple, however, as it is in to permititself <add>conception</add> there is No crime has the doctrine relative to it be more complicated; because it's subject has property;<add>not persons only</add> is propertynot persons only for it's subject viz. every article of property that is moveable; and from that subject it has been made <add>by our Law especially</add> take a different colour character from every one of a great variety of modifications and relations of which that [extensive] ample subject] is susceptible.
In order to avoid this confusion inconvenience, I think it necessary to declare aforehand, that wherever I
use this word, I use it as denoting the nature of the act stealing a being a popular term to denote, without regard to the subject and Larceny as being a Technical one such as if its or the
corresponding varieties which our own position constitutions have admitted into it's punishment of punishment.
And other offences having property alsowhich also have for their subject are not liable to affect these degree decisions of it which these modifications & lations belong to particular thing
By little and little as occasion of litigation prosecution occurred, a number of distinctions were disclosed —
of exemption some establishing a total exemption; thus establishing an , as it may be stiled with reference to the punishment belonging to this <add>the</add>
Title; main body of the of alleviation, with reference to absolute impunity:
Upon examining <add>collecting carefully we shall find them to have been taken</add> These distinctions have been taken from a different source
As the only reason thing & on account for the of which these distinctions were made and on account of which they become material, is a corresponding difference distinction of punishment; it will be absolutely necessary for to the sake of making this Title understanding of this Title understood to anticipate so much of what belongs to that [more general one Title] as to enquire what was the original and fundamental punishment annexed to the main body of this Title with reference to which other punishments allotted to particular branches of it are to be deemed alleviations or aggravations.
---page break---
I shall After having first exhibit &] establish a Definition comprehensive of the whole Title, and then I shall <add>proceed</add>
to take a view of these distinctions these its subordinate divisions
Conformable Corresponding <add>In correspondence</add> to this distinction exception, the offence took a different name according as the vi
of it's subject fell above or below the line of distinction; in the latter case it was called
Petty Larceny, in the former by way of contradistinction to the other, it took wh
-posed to it the name of Grand.
Instead therefore of using the technical word sometime
in contradistinction to, sometimes in synonymity wi
the popular term theft, I shall use it uniformly &
-irely in the former respecting
It would be entering into an Historical disquisition foreign to the [more immediate] subject purpose of this work of which besides has been fully the impact of <add>Punishment</add> purposed elsewhere to &c trace v. Blackstone the Law relative to the crime through its their earliest revolutions; suffice it to observe that if a period long before proceeding by a considerable time the commencement of the [] annals of the Courts of notice the punishment was fixfor this ways of this denomination as far as the denomination extended was fixed at that of Death: besides Mortification of possessions both moveable and unmoveable. At the same time grew up a distinction or loss of all rights of inheritance succession to inmevally communicated foundedof alleviation on the superstition of the times, not in a certain degree to the remotest progeny, besides Forfeiture of possessions both movable and immmovable a loss of all rights of inheritance succession to viable communicated in a certain degree to the remotest progeny, to inherit other disabilitiesconsequential of less opportuning cases on which it is not necessary to inherit. Prolong was the name given to this complex punishment. Language furnishes a multitude of examples, because a general term which about the same time or earlier was a Crime to other communicated a name which by an inaccuracy of which compromise the specific crime to which as a punishment it was
With this, however, an exception was usual, in favor ofrespecting these instances where the
of the subject taken did not exceed whatever it might be 1st a Sum not inconsiderable in those days wi
Sheep was to be had for [&c Qu how much?] if as Spelman computes it was equivalent to 40s of his time, it must have been equal to at least £4 in which case the punishment only was punished by perfection of
only and corporal punishment not mortal; be theftbut as the extent of the value was limited in this latter case, & <add>unlimited</add>
if one had been to answer give an answer in a single other word to the question what was the punishment for Larceny, it would be
rather have been "Death" than any thing else.
|
Identifier: | JB/070/231/001 "JB/" can not be assigned to a declared number type with value 70.
|
|||
|---|---|---|---|
|
070 |
of laws in general |
||
|
231 |
larceny |
||
|
001 |
|||
|
text sheet |
1 |
||
|
recto |
|||
|
jeremy bentham |
[[watermarks::[gr motif] [britannia with shield emblem]]] |
||
|
23346 |
|||