★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
---page break---
16) Offences respecting the persons of Individuals
Grounds of Extermation The mischief danger of useless punishment is obviated, by
leaving the question of it indefinite so that it
may be reduced to any degree of minuteness.
As to Provocation, the same circumstances that
may serve to justify an act of disablement,
may serve to excuse the offen a simple personal
injury. So may those also which would serve
only to excuse the former. So may also opprobrious
or calumnious words spoken of the party,
or any person known by the defamer to be his endeared
to him, by friendship, relationship, or party. near relation or bosom friend.
To define exactly the several grounds of
grounds of excuse that present themselves relative
to the head of provocation would be endless. Nor
would it be of any use: since it would be impossible
so to determine the strength of the provocation, as
to fix to warrant the Legislator in making the rate of punishment a fixed one.
Both the force strength of the provocation and the magnitude
of the pain produced by the offence are
susceptible of an infinity of indescribable gradations.
The use of mentioning these grounds of excuse
is not to tie up the hands of the Judge, but
only to direct his attention.
Identifier: | JB/072/120/004 "JB/" can not be assigned to a declared number type with value 72.
|
|||
---|---|---|---|
072 |
penal code |
||
120 |
simple personal injuries / offences respecting the persons of individuals |
||
004 |
exemption / medical practice / exemption - / consent / circumstances of extenuation / grounds of extenuation |
||
text sheet |
4 |
||
recto |
e13 / e14 / e15 / e16 |
||
jeremy bentham |
[[watermarks::[gr with crown motif] pro patria [with motif]]] |
||
23737 |
|||