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C 17. Offences against the external Security of the State.
The case of an act committed to the prejudice of a foreign
state in its political capacity is a business of still greater delicacy
than any which have yet been mentioned. the most common
Note
frequently committed, is far enough as yet from being determinate.
This may be observed from the preceding definition,
which however loose as it is, is as precise as any which the
idea commonly annexed to the word Piracy seems to admit
of. How long for instance must the offender or offenders have
quitted the sea? It is necessary or not that they should retain
the intention of going to Sea again? What are we to
say when the offence is committed on a vacant spot of land,
in a country not understood to be within the dominions of
any State? Is this Piracy or not? A party of English
for instance and another of Spaniards meet in some
inland part or other of the wilds of America which is
not understood to be comprised within the limits of either
the English or the Spanish colonies. The one part attacks
and plunders the other. Would this be Piracy? I suppose
not: because not committed ein or near the Sea.
It seems however to be pretty much of the same nature.
To p. 29. par. 3. In the original etymology of the word , there is nothing
that confines the scene of action to the Sea. And by the bye, what
is more, neither is there any thing that serves to rank the act in
the number of those which are deemed fit to be made offences: there
is nothing which serves to mark it with the stamp of disapprobation.
Language was formed, in many parts of it, before men's ideas of justice were well established. Pirate, a word of Greek extraction, means in the original neither more nor less than a trier an experimenter, or, as we should say, a man of enterprize, an adventurer:
Identifier: | JB/072/051/001 "JB/" can not be assigned to a declared number type with value 72.
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072 |
penal code |
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051 |
offences against the external security of the state |
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001 |
note |
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copy/fair copy sheet |
4 |
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recto |
f17 / f18 / f19 / f20 |
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[[watermarks::[gr with crown motif] pro patria [with motif]]] |
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23668 |
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