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March 1807

The description designation here given of the exemption circumstance
(force – fraud –) is not of itself sufficiently explicit f to answer the purpose
of a law: it is so made the better adapted to the one present

As far as they go, each of these words might serve: but each
of them stands in need of explanation.

Force it Instead of force (the to common jurisprudential word)
a word of clearer import would have been compulsion: compulsion
may be either physical or path psychological, say pathological?
physical, as if for the authentication of the written contract
by signature, the hand of a pen is put into the hand
of one infirm man against his will, and guided so as to make
his signature: pathological, as by fear of injury. The
injury of what nature? to person, reputation, or property
to afford the exemption, must it be to person? may it not be
to reputation? – or to property? (if to person in what shape?
and to what extent? loss of life or limb or perpetual disablement or disfigurement sufficient without
doubt, but after that comes a scale which ends in a
fillip, a springing, a blast of cold air: at what time must
the injury be as about to be eventually inflicted?
at that instantaneously, though not instantaneously yet before the end
of that same meeting, or not before some threatened future threatened meeting?

From the example two things sufficiently appear: that on
such an occasion, a term so general as that of force, may
be of use in the wording of a law, be of use, in the character of an
abbreviation: 2. but that without explanation matter of detail for
the purpose of explanation, such a law would be inadequate
to its purpose. It would give rise to doubts, disparity, questions
respecting the matter of law: to decision on the part of the Judge

Identifier: | JB/106/111/001
"JB/" can not be assigned to a declared number type with value 106.



Marginal Summary Numbering

18 2, 3-4



Main Headings

scotch reform

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text sheet

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Page Numbering

c7 / e2


jeremy bentham



jeremy bentham

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Notes public

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