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Grounds of Exemption NOTE Inf
[f]For the sake of simplicity, I speak here only
of the case where the prohibition stands upon the
footing of written Law. If we take into consideration
the case [where it stands upon the
footing] of unwritten Law, we must add, or of
the rules which appears to "such rule as shall appear to be the just expression
"of the judicial practise in like cases".
[a] The word done is meant here to relate as well
to acts of omission as of commission.
There are two topics from whence it may
be made appear in any case that the intention
of the Legislator was different from that which
is manifested expressed by the letter of the clause in question
1st The context; that is other passages of the same Law
or system of Laws.
2. The Reasons upon which the Law appears to
have been grounded: in other words the advantages
which the Legislator seems to have proposed had in
view in passing it.
The supposition then upon which alone the
Magistrate to whom it belongs to exempt a man
from punishment on either of the grounds in
question, can be justified in doing so are either that the Legislator did not
mean that the a man in the case in question man should be punished; or that
he would not have meant it if the case had
been present to his mind. On any other supposition
to
Identifier: | JB/100/098/001 "JB/" can not be assigned to a declared number type with value 100.
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punishment |
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098 |
grounds of exemption |
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001 |
note |
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text sheet |
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recto |
f1 / / f3 / f4 |
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jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
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caroline vernon |
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32114 |
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