JB/072/165/004

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30) Persl: Injs: Disablemt. tempy.

into account.

1 Where a ground of exemption was imagined to subsist, but falsely. Lastly, I say, it is plain that where if is not in the D. understands
power that the Law permitts a man (as by the supposition
it does) to defend his property, understanding
at the same time the thing in question
to be his property, it is not any punishment
that the Law can denounce against those who do
find the possession of what is not their property that can prevent
him. For not apprehending himself not to be within
the case in which the punishment is inflicted
he will be under no apprehension of undergoing
it [he not being expected by him, will not expect that it shall fall upon
him. It cannot operate with on him as a motive.

A second ground of extenuation
Secondly we are to show why it is that some in
such a case some punishment, though not the
whole punishment, ought to be denounced.

The reason of this results solely from the difficulty
there is of pronouncing with certainty whether the
false persuasion which is the ground of extenuation
[subsisted or not.] did really subsist or not: that is to say
such a full bona fide persuasion as the party
could not, by any pains he might be induced to
take by fear of punishment, be brought to correct.
It may be thought perhaps that it were sufficient to
refer it to the Judge to determine whe the fact of such
persuasion; so that if the Judge were satisfied such a
persuasion were were really entertained, the party should be freed from
punishment

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Identifier: | JB/072/165/004 "JB/" can not be assigned to a declared number type with value 72.
Date_1		Marginal Summary Numbering	not numbered
Box	072	Main Headings	penal code
Folio number	165	Info in main headings field	pers:l inj:s disabl:t tempy
Image	004	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	e25 / e26 / e27 / e28
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] pro patria [with motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	23782
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