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AESTIMATION. 3 Orders [BR][ ]
CRIMES AESTIMATION .
The Mischief of a Crime N. B. This The Mischief of a Crime is nothing but Pain or Danger produced by the Act of man. This mischief, when Pain may be termed actual: when it is Danger it be termed contiguous Mischief Actual Contingent Primary: Stationary not Direct Diffusing Consequential Increasing. Secondary. Of the 3d order is either may be distinguished into 1st Actual or 2d Contingent — [The Contingent is the only The actual is that
kind which does & must takes place the instant the commission of the Crime is made known: and is
one belonging to that class of crimes of which the objects ]
plainly referable to that as to it's cause.
The contingent is that which may or may not take place at all which when it does, when it does, takes
not place till after an interval, nor is there seen unless by accident to originate from the individual crime which
gave it birth.
The Actual Mischief of a Crime is may again be divided into that of the 1st, or primary the 2d either primary or secondary: & that of the 3d order. The primary is that which
befalls the person or persons who are the immediate objects of the Crime in question:
The secondary consists in the terror alarm pain felt by of those who are within an indefinite Sphere
of danger, observation of which the immediate object of the Crime is the Center: each of whom is apt to
conceive an alarm which strong in proportion to his vicinity to that Center, from considering that the calamity might have
alighted on himself as well as on him on whom it did happen'd to alight
The mischief of this order This order grows fainter &
fainter, till it loses itself imperceptibly in that of the third order. This consists
in the faint because customary but universal Alarm taken by all the other members
of the State: a mischief which is actually usually in most crimes is very slight, being kept under by the pressure
of the punishment denounced annexed to the Crime in question: but which even in these would swell to a very
palpable bulk the moment that pressure should be removed.
This may be distantly illustrated by a material image. The State is a large Pond.
the mischief Crime is a stone cast into it. the part on which it alights & which it most depresses is the primary
object of the primary mischief of the Crime. The water of the whole Pond Water body (being little if at all inelastic) is moved in its
whole mass; but the motion is not perceptible beyond a certain circular space more extensive in proportion to the weight of the impinging body of
which the point of impaction is the center. between that Center & the indefinable
boundary of that space is the mischief of the 2d order. The mischief of
the third order is the motion of the whole Pond.
Identifier: | JB/096/139/001 "JB/" can not be assigned to a declared number type with value 96.
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