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C 35
Of Co-offenders
2. Because the contrary provision might have
a bad effect in the character as a moral lesson: as
indicating on the part of the legislator an endeavour
to stifle the sentiment of benevolence, and
to make the selfish motive of fear triumph over
the social and semi-social motives.
3. This indulgence may be granted with the
less repugnance in case inasmuch as it ap seems not to
be of a nature to detract much from the certainty of
punishment. For the persons thus excused will
naturally be the first objects of suspicion: and the
very circumstance which disposes them to lend their
assistance protection to the delinquent, makes it not
likely to be effectual.
As to that part of the extenuation which
includes puts upon the same footing with blood-relations
old and intimate friends, it may seem perhaps
that this plan phrase is rather too loose to
be admitted into a text of law. But the reasons
that have been given apply as much to this case
as to the other: for the attachment produced by simple
friendship is very often more powerful than that
which is strengthened by the additional concert of
near relationships consanguinity though a strong corroborative
is not that far from being the only cause of
friendship. It belongs to the Judge to distinguish innocent
friendship from that sort of connection which has
no
Identifier: | JB/098/030/001 "JB/" can not be assigned to a declared number type with value 98.
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32 |
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098 |
penal code |
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030 |
of co-offenders |
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001 |
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text sheet |
4 |
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recto |
f35 / f36 / f37 / f38 |
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jeremy bentham |
[[watermarks::[monogram] propatria [britannia with shield emblem]]] |
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31638 |
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