xml:lang="en" lang="en" dir="ltr">

Transcribe Bentham: A Collaborative Initiative

From Transcribe Bentham: Transcription Desk

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


Jump to: navigation, search

Click Here To Edit

---page break---

Inserenda. 59) Pers. Injuries. Offences praeter-intentional with respect to the personal object

injury done to whereof H. the party hit is the object.
Here then are two injuries: obnoxious acts the one inconsummate done committed
intentionally: the other consummate done committed through inadvertence.
What then should be the punishment for
the complex offence? the obvious answer is, the a
complex punishment composed of the sum of the two punishments
competent to the two competent component offences.

This however tho' the most obvious punishment upon
this view of the case offence, is upon the whole perhaps the perhaps, not in every
instance the most competent. There is a case where it may be
There is a most expedient upon the whole to neglect this discontinuity
want of continuity between the intention and the event, and
to settle the punishment in the same manner as
if the event that happen'd was had been the event intended.
This is where the event that happens affects the
same and no other class of objects and that in the same and no other quarter
as the event intended. The reasons In this there are three
reasons. [This seems best on three accounts.]

1. Because the public mischief that takes place
is really the same that would take place in the
case of an offence against consummated upon the same class of objects
and those attached affected in the same quarter against which
it was levelled. Bearing a grudge to M, I
shoot at him, and missing him, kill H. How is
the transaction regarded looked upon by the public? It is looked
upon as a transaction compleatly murderous. The
intention was murderous, and the event is death.
True it is at the same time that if I if, having shot at
M, I had I hit nobody, I should have been looked upon

---page break---

Identifier: | JB/072/140/003
"JB/" can not be assigned to a declared number type with value 72.


Marginal Summary Numbering

not numbered



Main Headings

penal code

Folio number


Info in main headings field

pers: inj:s





text sheet

Number of Pages




Page Numbering

e57 / e58 / e59 / e60


jeremy bentham


[[watermarks::[gr with crown motif] pro patria [with motif]]]


jeremy bentham

Paper Producer


Paper Produced in Year

Notes public

ID Number


Box Contents

UCL Home » Transcribe Bentham » Transcription Desk