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Addenda Sect. VII
To be copied se, not from any intrinsic quality in the
actions themselves;- /a difficulty I am very not from any consequences
glad we have got over/- arising from them;- but because they
are "mala prohibita". for he does not say,
that they are forbidden by the superior
Laws because they are "mala in se": but
therefore are they are mala in se therefore because they are
forbidden by the superior Laws.
I. 3dly that prohibition in the superior divine or natural courts,
does generate & communicate to the action forbidden a portion of malum
infe equiponderant to the portion of
prohibition; but that no quantity, of
however great, of prohibition, emaning
from human courts, can generate a single atom of this same "malum in se"; nor can it communicate any of the other undefined species of malum, to the actions which have already been impregnated with the malum in se. or
communicate single a single atom of this same
"malum in se" - For "they contract no
"additional turpitude by being declared
"unlawful by the inferior legislature - the But these human legislatures may con do generate & communicate another sort of malum, to w called malum prohibitum, to actions which are indifferent. Addenda /q/ 1
[First I say it follows that no human Legislature
has power to a abridge or destroy our
natural rights, such as Life, & Liberty.
So that we may throw away all our criminal
& two thirds of our civil codes. He gave
both abridgements either of life, or liberty. Our]
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[[watermarks::[quartered royal arms motif]]] |
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[[notes_public::"to be copied" [note not in bentham's hand]]] |
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