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LARCENY Deer 5
And what then were these animals? they were such as were wild, to which for the sake of
distinction, they bestowed in their mongrel language the denomination of animals FERÆ NATURÆ:
Therefore that of Animals consequently, said they, which they continue to, are
in ; and as what belong to no man cannot be taken be said to be stolen from
any man, it thence became an established maxim, that of such things, Larceny
could not be committed.+
+ Approximation from locality
[And as the value of their animal was iscommonly but small, the trouble of seizing them, (at a time especially when the invention of gun powder had not as yet given that facility which there is at present) would appear almost a compensation for the benefit. Qu?]
In the number of these, Deer were all along were included: in which they seem to have proceeded
partly upon reason or general utility, in conformity to Solon's Idea of visiting lodging right
where there was power; & partly 3 upon the general utility of the Sovereign & feudal Lords
the residuary owners of every thing that had no other great men, whose Instrument
they were: were the first of Justice partly by imagination, by which men in general have always been governed
in their first speculations upon property, & which could not reconcile itself to the Idea
of a settled specific usufructuary connection of men with property where the local connection was to
As for however, as the matter rests on reason, the foundation will appear now, to fail the as they proceeded upon reason, their foundation seems to fail them
for tho' Deer were are not quite so manageable as sheep, yet may they be marked & distinguished,
& their identity be ascertained wheresoever they are found: circumstances we
mark out a very solid distinction between them and () all other animals whole in a state of liberty that pass under the
name of Game, while in a state of liberty: and seem to aggregate them
to the general class of animals which are the subjects of perfect property: and the circumstances
which determined them to that of those animals class of which are called Game, seem sufficient to aggregate them to the animal class of animals which are the subjects of perfect property: and the circumstance which determined them to that class of of those animals which are called Games seems to have been
merely, that of their being taken by hunting as well or them those.
that this no one could make out a title to complain, that he was injured by this being taken from him, yet what comes to the same thing, he might that from a thing's it's being taken from him in this place.
No man ought to be punished for taking what he can believe to be his own.
Quitting Laying aside those subtle speculations, we may venture to affirm that now it is
so as well known thatof deer that they are are much the property of one a man, & of one man only
it is that of any other animal, consequently that there is no danger of a man's incurring the penalty by mistake
there is no reason why a man who a thing of a certain shall be hanged while the<add>a that man who takes a Deer <del>
<add> does not belong to him should
worth twice as much
escape with comparative impunity, while nor why while the owner of this one has
the highest security for his property which the law can give him, the owner of the other should have any less; in a word, why laying aside taking the difference of value
one should not be exactly upon the same footing with the other.
the Identity of A Hare or Rabbit, if caught &
let go again, becomes precocious is lost for ever,
if it be for a moment out of
, & this on two accounts
in of which if smallness has a considerable
both depending <add>owing to it's smallness:
the one is, that no such Idea
can be acquired of the lineaments.
of individuals as is necessary to the distinguishing them from each; the other is, that the
soon eludes the eye of an observer nor do they leave behind those traces of any be
their its .</p>
No man ought to be punished for
taking what he can believe to be
his own.
<note>In small quadrupeds that are
not carnivorous, it is the circumstance
of smallness that contribute
as much as their <add>that of intractability
to incapacitate them from being
directly the subjects of property.</note>
<p>THEFT Deer [5]
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Identifier: | JB/070/248/001 "JB/" can not be assigned to a declared number type with value 70.
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070 |
of laws in general |
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248 |
larceny - deer |
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001 |
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c5 |
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jeremy bentham |
[[watermarks::j honig & zoonen [lion with vryheyt motif]]] |
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cc1 |
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