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JB/121/429/001

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But (says Your Lordship) – though the Duke
thought he understood the object of the Act – yet surely the

can is so it is to be sure that he did not understand it –
that this is what you yourself have proved. Would
you have a man punished treated as a criminal
and punished merely for not understanding an Act of Parliament?
one of those composition and an Act which
you yourself have stated somewhere none of the clearest?

My Lord, if indeed any such opinion was mine, as it were my opinion that the
man who wrote that letter was did really and
sincerely misunderstand the Act and so misunderstand
it as in his own mind to ascribe to it
that intention which the intention of producing that effect which be forborn
of understanding it he was is labouring to produce and actually
has produced – in that case I do admitt that I should really feel a
sort of difficulty from which I am altogether clear
at present.

Supposing misconstruction misunderstanding of an Act to be confessed
the question that will then come with a view to criminality
is the question of the presence or absence of
criminal consciousness – in technical law latin male fides.
When a man a Statesman a Lawyer who has taken upon him to misconstrue
put a construction upon an Act has put said this
is the construction I put upon it i:e: put upon
it in my own mind – the question then recurrs
whether it be credible that he sh such should have
been really the construction put upon it by him in his
own mind. That question is just as capable of a
negative


Identifier: | JB/121/429/001
"JB/" can not be assigned to a declared number type with value 121.

Date_1

1802-04-01

Marginal Summary Numbering

13-14

Box

121

Main Headings

Panopticon

Folio number

429

Info in main headings field

Dispensing power

Image

001

Titles

Category

Text sheet

Number of Pages

1

Recto/Verso

"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.

Page Numbering

E1 / F20

Penner

Watermarks

1800

Marginals

Jeremy Bentham

Paper Producer

Corrections

Paper Produced in Year

1800

Notes public

ID Number

001

Box Contents

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