JB/096/150/001

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"It is time, says the Author of a late publication entitled Principles of Penal Law+ + 209 Errors plainly shown to be such, might be thought not to exist were no one vouched for them. that crimes"
"are to be aestimated in some degree by the actual mischief done to Society; because the internal malignity"
"of mankind is not cognizable within the cognizance of human tribunals.

"But if this position were received in it's fullest latitude, it would prove too much; it would"
"prove that every act of Homicide is equally criminal, & that the intention is in no case to be"
"consider'd. The following instruction should then be adopted observed as inviolibly connected with the principle." "Every member of Society hath a right to do any act without the apprehension of other inconveniences,"
than those which are the proper consequences of the act itself."
So many propositions, so many errors — It is true that crimes are to be aestimated by the
actual mischief (dele actual if opposed to contingent) done to society, as entirely & exclusively
and not in some degree only; and the Author himself had already established it for a maxim the maxim in another
place without reserve. simply & without any] reservation that "Crimes are to be aestimated in proportion to their
pernicious effects on Society." 79 p-79

It is not true that "the internal malignity of mankind is not within the cognizance
of human tribunals" — That Malignity forms the very essence of many some crimes — witness
Murder & Malicious Mischiefs It is detected by means of the external indications to
which it gives birth.

It is not true that "this position if it were received in it's fullest latitude would (when it's
meaning is accurately perceived) would ever "prove too much:" Of all things it is not true, In particular it is not true "that it would
not prove what it is brought here for it to prove. prove that every act of Homicide is equally criminal, & that the intention is in no case
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to be considered."

What is remarkable (if it be true, for I speak upon an imagined recollection, not being knowing
able how to find a passage in that Book without reading it over from beginning to end) this very
writer wanted not discernment upon another occasion, tho' the Author of the Commentaries did, v. 4 Comm. p. 6. to perceive that it is not the bare
loss of a subject to the State, being that circumstance effect which all acts of Homicide equally produce which constitutes any considerable share of the mischief to the State.
But this important principle observation, if made he suffer'd to lay lie barren in his hands.
This porti

The principle which is here put called in to restrain another, which has no need of it's assistance wants not only to be restrained itself, but
to be made intelligible, which I believe the reader joins with me in perceiving acknowledging that it is not, without the context, to which I must refer him. marginal note text p. 209

AESTIMATION. Eden. [BR][3.]

Identifier: | JB/096/150/001 "JB/" can not be assigned to a declared number type with value 96.
Date_1		Marginal Summary Numbering
Box	096	Main Headings	legislation
Folio number	150	Info in main headings field	aestimation eden
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3
Penner	jeremy bentham	Watermarks	[[watermarks::l v g propatria [britannia motif]]]
Marginals		Paper Producer	caroline vernon
Corrections		Paper Produced in Year
Notes public		ID Number	31154
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