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It is [curious] amusing & not unconstructive to observe how the compiler Hawkins begins one of his pages, on the subject
of this offence, & how he ends it. + + p.102 1 Hawk or As to the second point (says he) viz: in the beginning whether
there must be both an entry and breaking ; notwithstanding some loose opinions to the
contrary, there seems to be no good cause to doubt but that both are required to compleat
this offence ——— Thus he begins it — This is the beginning at the end it with he ends with handing in a decision which flatly contradicts himself with
all the tranquillity recognizable: " Also it hath been adjudged, that those were no
"less guilty [of Burglary] who having a design to rob a House, took Lodgings in
"it, and then fell on the Landlord and robbed him; for the Law will not endure
"to have its' Justice defrauded by such evasions. And for the like reason, a
"portion, it has been resolved, that where persons, intending to rob a House, raise
"a Hue and cry, and prevailed with a Constable to make a Search in the
"House, and having got in by that means, with the Owner's consent, i.e. without any breaking at all] bound the Constable
"and robbed the Inhabitants, they were guilty of Burglary; He of recounting this contradiction when he adds for there cannot
"be a greater affront to Public Justice, than to make use of legal process as
"a State for such villainous purposes; and therefore the whole Act is esteemed
"at initio" — And what of that? It's all very wrong as no body can doubt but,
where's the Burglary all the while? It is curious to observe how this reasoning hangs
together — he undertakes to prove this last mentioned offence to prove it to prove the transaction Burglary
The business is to prove this, Burglary — In Burglary, a breaking
and Burglary to make it such he has been just observing, breaking is necessary: now the point is nothing is broken
But it was very all wrong from the beginning However it is a more villainous affair to affront abuse the a legal process, than
there was a breaking & there was Burglary.
I am truly sorry to observe, that in a performance of far superior merit, we have
a page on the same subject # # 4 Cam. 226
An Author of a very different stamp class [complexion]
Who embellishes every thing
he touches
his pen too often employd
in giving putting a polish on absurdity
under whose hands from whose pen absurdity
takes a polish that strips off
half its deformity
absurdity looks beautiful &
contradiction slides passes on unobserved begun and ended in the same manner. "As to
the manner of committing Burglary; says the Author of the Commentaries there must be both a breaking and entering
to complete it x x x x There must be an actual breaking; not a mere legal
fragit (by leaping over invisible ideal boundaries which may constitute a
trespass) but a substantial and forcible inception" — then comes a string of decisions
ending with the two above specified — "All these entries continues the Author have been
"adjudged Burglaries, tho'ugh there was no actual breaking: for the Law will
has considered to give the stamp of his authority to this a like mass of contradictions.
were these conditions as universal
in other subjects, as without necessity
they are general frequent in Law, language
would no longer serve as an medium
of communication.
I shall not stay to compare, distinguish,
reconcile or if where irreconcilable, reprobate
all the decisions sentient &
that have been pronounced or even
that are now recognized upon the every subject of which I had indeed any heads/part division. topic for
what industry in the writer or
what patience in the reader would
be sufficient for such a taste?
nor shall I amuse indulge myself with
applying a plaister to every wound
which common-Sense has received
in the Chance-medley
of opinions: Any man of
tolerable sagacity will be able
to do it for himself by the general
recipes I have given, if there
he is they have then any virtue: if not,
their number is already but too
great.
BURGLARY. [BR][2][
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Identifier: | JB/070/264/001 "JB/" can not be assigned to a declared number type with value 70.
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of laws in general |
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burglary |
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jeremy bentham |
[[watermarks::[gr motif] [britannia with shield motif]]] |
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