JB/091/008/001

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18 March 1807

By the supposition, whether the man be or be not conscious
of the blame worthiness of his conduct, blame-worthy
it is: being the blame-worthy, if it his conduct being
thus blame-worthy, if so it be the base be that he is not conscious of
it being so, then instead of dolus or mala fides and or dolus, the
words a culpa or temeritas are employed: which words
in the way of what the logicians call conjugation, are words
thrown into a variety of forms, such as the structure of the
sentence of which they constitute the characteristic terms happens
to require.

In point of reason and utility the demand for the
use of the words culpa and temeritas on the one hand, is to a hair's
breadth (Your Lordship sees) co-extensive with that of the
words mala dolus and mala fides. Yet even from Roman
lawyers through the invention of this most cardinal distinction
it has not received in practice all the all that extension to which it is so
justly entitled; and from English lawyers much less. One
Amongst many Among a variety of bad consequences, are
a hint at which may serve for for illustration is – that in
multitude of instances, homicide and false testimony for
example, instead of the proper dose of punishment medium punishment
in excess of impunity is administered. In the case of
homicide, where the act the result of which has taken this
fatal course appears to have been accompanied tinctured with temerity,
the general tendency is to confound him with murderers, and so
destroy him: in the case of false testimony, where, had he put set
that watch upon his words which he ought to set, and by the horror
of punishment might be made to set, the uncorrectness would
have been avoided, yet because the a compleat consciousness of its
deviation is not looked upon as certain, nor be accordingly
his falsity as coming under the denomination of useful
and corrupt perjury, he goes free.

Identifier: | JB/091/008/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1807-03-18	Marginal Summary Numbering
Box	091	Main Headings	scotch reform
Folio number	008	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	29004
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