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14. C Of Excuses Extenuations
is said to be compelled to.
Exposition.
[(A) Mischief] The force of the excuse extenuation will be greater
or less (in other words it will be more or less compleat)
according to the magnitude of the mischief which appears
likely to ensue. Into Now into the account of magnitude is to be taken its
proximity or remoteness, as likewise the probability or improbability
probability of the mischief that determines the force of its ensuing. See the next Note.
[(B) Appears] That is to the party whose conduct is in question. According as the mischief seems to him the greater
and the more probable to the party said to be compelled, the compulsion
is the more irresistible and the excuse extenuation the more
forcible. It is the apparent magnitude then and the apparent
probability of the mischief that determine the
force of the excuse. extenuation. But this apparent magnitude or
probability can scarcely be determined but by the real; that is, by what
appears to be the real to in the eyes of any indifferent person to whom
it belongs to judge of it: and who is supposed, as of course,
to be apprised of all the circumstances of the case.
[(C) Likely] 1. The force of this excuse extenuation will also be greater or
less according to the degree of likelyhood or probability there appears
Identifier: | JB/071/011/002 "JB/" can not be assigned to a declared number type with value 71.
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not numbered |
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071 |
penal code |
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011 |
of extenuations |
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002 |
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copy/fair copy sheet |
4 |
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recto |
f13 / f14 / f15 / f16 |
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[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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23414 |
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