JB/098/005/001

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C 1

Of JUSTIFICATIONS, Excuses and Aggravations

Analysis of the several possible grounds of Justification.

Consent — why a ground of Justification disagreable may An act which is apt in general to be a turn out on a particular occasion to be agreable
The principles upon which the propriety of
admitting any circumstance to have the effect
of a justification depends appears to be on as follows.

General principle upon which justifications are admitted to operate in the way of exemption
1. The act as described by the Law which constitutes
it an offence is of course to be deemed often presumed apt liable in respect of the general
nature of it to prove a mischievous one one. So at least it must be presumed: since otherwise it there would not be proper
no reason for constituting it an offence.

2 If then upon the intervention of any such
or such a circumstance, the act turns out upon the whole not to be
mischievous, it is plain that in such a case it ought not to be constituted an
offence: for since the reason for constituting it such
no longer holds. To p. 7.

Justification I Consent — Case 1. Where it shews the act to have no mischief in it.
An act may upon the intervention of any
circumstance turn out not to be mischievous on upon
the whole upon on either of two accounts: either
1st. because upon the intervention of the circumstance in question no mischief
at all is produced by the act: or 2dly
because were it not for the act the act not done some greater
mischief would ensue which would be equal to
or greater than that which it is the nature of the
act in general to produce: because there though it does introduces

Identifier: | JB/098/005/001 "JB/" can not be assigned to a declared number type with value 98.
Date_1		Marginal Summary Numbering	not numbered
Box	098	Main Headings	penal code
Folio number	005	Info in main headings field	analysis of the several grounds of justification
Image	001	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f1 / f2 / f3 / f4
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [britannia with shield motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	31613
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