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18 March 1807
As to the determining on this or that occasion
which of these distinguishable states of a man's mind has
taken place in fact, in some instances cases doubtless
the task of drawing the line will be attended with no
inconsiderable difficulty: and in these cases the
determination of on the side of simple temerity as
being the safer side will be the most eligible.
But frequent indeed are the cases in which the
determination admitts not of the smallest doubt.
In the case of that transgression of all sorts, decisions
pronouncing, or at least assuming, the existence of mala
fides, and thereby negativing disaffirming the existence of simple temerity,
are in every day's practice.
But were the difficulty of pronouncing between
those the two thus strongly marked and distinguished shades
of delinquency ever so much greater than it is, it would
afford no eligible ground for the neglect discarding rejection of the two terms than
respectively expression of them, and the acceptance if any
such terms as frivolous and vexatious, both or either of
them instead. For still the terms frivolous and vexatious will
be found in the first place not to have in any way any
such clear distinct meaning as could be wished, in the next
place not to have any meaning at all applicable with
propriety to the subject, and otherwise than through the medium
of those other really distinct terms, one or other of them.
Identifier: | JB/091/017/001 "JB/" can not be assigned to a declared number type with value 91.
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jeremy bentham |
iping 1804 |
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bernardino rivadavia |
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