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JB/070/232/002

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THEFT. Aphorisms. Party's own goods [BA][2]
LARCENY after circumstances indicative of Consciousness
AESTIMATION.
ANOMALOUS DOCTRINE AMPLIATIVE.

It has been holden, and it is now Law, that a man may be guilty of Larceny by stealing
his own goods: i:e: with intent as is then said (for it can have no other motive) to charge the person to whom he has as for instance a
delivered them with the value. Which might be said And act thing, in forgo of which in favour engagements would not be
but there is one consideration which never totally deceives against it. The Crime does
not properly consist [so much] in that act of removal, which had the goods been another man's would have
been stealing: for the mischief does not then commence but depends upon a subsequent actnecessary
to be taken to compleat the fraudulent design: viz: the bringing of a civil action for the value.
Now thereforethen by the supposition, the malefactor is a reprehensible man: for he has the goods, which
are of such value as make it worth his while to incur the expence of a civil suit to
recover them: & he has also by the same supposition, wherewithal to support that expence:
there is therefore no occasion to annex that extraordinary penalty to this transgression which
has been shownobserved to be rendered necessary only by the defect of responsibility.

On the other hand it may be saidresolved conclusively -: Admitting that he is the malefactorresponsible, yet the maneuvre is
of that sort as not to put him to answer but at his own (in himself ) option: He will not be put to
answer, but in the event of his taking (which for his power to do or not to do as he finds to answer his purpose) that step to compleat the fraudulent design which he
may very probably be able to compleat without it: For if he is not detected, it is ever
[the] most probable that satisfaction will of course be made him for his supposed loss without
a litigation: as it must for certain in that case & even in the event of a litigation: and if he is detected, the worse that can all that can befall him is that
he must desist from his design - Now then he has a very good chance for succeeding in
his fraud without exposing himself at all to the penalty slight as it is: That penalty
therefore can never be sufficient. ButNay even should he be detected he may still succeed,
if it be the person entrusted, as is very likelyas may often be the case and he only, who detects him: that person
not beinghimself admissible in a civil Suit to prove [himself] that fact which constitutes his own defence:
& even without litigation; said the understand would show the reality for what a man would know for he must yield after
would be an expensive litigation he would yield without: unless a chance not to be reckoned upon to take this method of ing his dishonesty to offen uncertain he should know the other to be too

The observation of all this would afford encouragement to persons not responsible, who might
without any risk try their chance by proceeding a certain length without
that farther length which requires such a property as constituting responsibility. —It would
afford a very fair chance to any unprincipled man can to have evidence of the to double his property without hazard: he would but have to
delegate it to a carrier directed for himself at such a place if he in stealing of it, an would then have+ + But it is plain, that the existence of the Thievish disposition being as strong in the most common instances of Theft, the mischief of the 2d & 3d orders is the same: and that of the 1st is by the supposition: and the popular indignation of it made by difference, Let us see what lights our principles afford towards the decision of the question is - In the our head it may be urged

These latter reasons seem satisfactory in proving the insufficiency of the ordinary sanction:

It seems to be a pointan offence in different from stealing:viz: a fraud. No- Not a fraud because no consent indeed it may be said that is a ation to of the interested who perhaps would be their only partner who detected, would from the proposition ly

If he increases he is but when he iswas. - Scribes that this mistake might be practiced by persons not responsible & without any design to take those measures to whichthe taking which cash or property as makes a man responsible is necessary

I should have show may find a present Interest in violating it.

For his many chances there on for proceeding in his fraud without exposing himself at all to the penalty [a] slight [one] as it isas the ordinary one.

the only remaining question is therefore what extraordinary sanctionone shall be adopted? and this
considering the close Analogyof this crime to the common instance of Theft and the unfrequency of it's perpetration,
need not wait long for a decision- For the latter of these reasons, even could it be proved which I
that it came that degree of somewhat different might in structure be more compliant to it, it would
be worthwhile to break in upon the simplicity of the Law for the sake of it a with of the purpose+ + that & no man: if he succeeded he could probably have a satisfaction for the supposed besides the want that could happen to him, would he like to have it



Identifier: | JB/070/232/002
"JB/" can not be assigned to a declared number type with value 70.

Date_1

Marginal Summary Numbering

Box

070

Main Headings

of laws in general

Folio number

232

Info in main headings field

larceny aestimation anomalous doctrine ampliative

Image

002

Titles

Category

text sheet

Number of Pages

2

Recto/Verso

recto

Page Numbering

Penner

jeremy bentham

Watermarks

[[watermarks::j honig & zoonen [lion with vryheyt motif]]]

Marginals

Paper Producer

cc1

Corrections

Paper Produced in Year

Notes public

ID Number

23347

Box Contents

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