JB/072/087/001

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C
Breach of Trust.

-tore of the trust and the manner in which it is
broken, the essence which may be referred to the
head of incapacity. In such case the offence it can be received
in no other light than that of a civil one. There
may be reas ground for compensation: there can be none
for punishment: since punishment <add>must in such case need be inefficacious+.</add>
+ See Introd. Ch [ annual &c] Unless in as far as the preventive
expedient of amotion, if amotion should be deemed
necessary may be placed to the account of punishment.

Next with regard to the case where the cause of
the mismanagement originates in the will. When
this is the case the official result will of offence is is the consequence
of the offender's having suffer'd himself to be determined
by some motive which in the case in question
he ought not to have suffer'd himself to be determined
by. If the motive were indolence it makes no change
in the denomination of the offence. This is that
motive which gives to the offence the slightest tint
of criminality. For in the first place the motive
being ordinarily but weak will not require a very
strong punishment to get the better of it, and thereby
outweigh the profit of the offence. In the next place
the offence criminative circumstance being easily susceptible of proof does not
give rise to the demand which for punishment which is put on by offences of difficult
proof

Identifier: | JB/072/087/001 "JB/" can not be assigned to a declared number type with value 72.
Date_1		Marginal Summary Numbering
Box	072	Main Headings	penal code
Folio number	087	Info in main headings field	breach of trust
Image	001	Titles	punishment
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f5 / f6 / f7 / f8
Penner	jeremy bentham	Watermarks	[[watermarks::s. lay [britannia with shield motif]]]
Marginals		Paper Producer	alexander mavrokordatos
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	23704
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