JB/549/242/001

Click Here To Edit

1827. Octr.
Law Amendment

Propositions
§. 2. Codification

141 18. II Good & Evil
Magnitude of evil of
each offence depends
on evil of 2d. order

142 19. II. Good & Evil IV. States of Mind
I. States of agents mind
whereby no evil of 2d.
order.
1. Unintentionality.
2. Unconsciousness
3. Infancy
4. Insanity

143 20. II. Good & Evil IV. States of Mind
II. In the case of want
of a due degree of attention
– culpable inattention, the alarm not
wholly prevented.

144 21. II. Good & Evil IV. States of Mind
III. Evil consciousness
as to law and fact.

145 22. II. Good & Evil IV. States of Mind
Roman inexpressive
appellatives,
dolus and
Culpa.

146 23. II. Good & Evil IV. States of Mind
Proposed names for
states if the mind.
1. Criminal consciousness.
2. Culpable inattention.
3. blameless error
4. blameless accident.

147 24. II. Good & Evil IV. States of Mind
In the composition only
criminal consciousness,
knowledge of
the state of the laws
necessary.

148 25. II. Good & Evil IV. States of Mind
Failure on legislator's
part of making
known, and consequent
ignorance and
justificative cause
to the wrong doer.

---page break---

Propositions
§. 2. Codification

149. 26. II Good & Evil VI. Off: Compleatness
In inchoate offences
state of the mind and
consequent danger
but little different from
that in consummate
offences, but alarm
less, and consequent
demand for punishment.

150 27. II. Good & Evil V. Instrumts of Evil
In fraud, alarm and
danger less than in
case offences

151 28. II. Good & Evil VII. Co-Offenders
Co-offenders where destinction
can be drawn
in the degree of their
evil tendency, a difference
also in the evil
of 2d. order.

152. 29. II. Good & Evil XI. Trust Offences
Offences by Trustees as
such concerning persons
at large – evil of
1st order the same, but
that of 2d order reduced.

153. 30. II. Good & Evil XI. Trust Offences
Hence, lenity shown to
Trustees.

Aristocrats 154. 31. Aristocrats persons II. Good & Evil XI. Trust Offences
Another circumstance
that the Trustees are to
a large extent, chosen
by intended benefitees.

155. 32. II. Good & Evil XI. Trust Offences
Another circumstance
trustees will naturally
be persons pecuniarily
responsible.

156. 33. II. Good & Evil XI. Trust Offences
But as between Trustee
and intended benefitee
diminution of evil of
2d. order not so manifest.

---page break---

Propositions
§. 2. Codification

157. 34. II. Good & Evil XI Trust Offences
Case where intended
benefitee an individual,
and trustee a government
functionary.

158. 35. II. Good & Evil XIII. Exemptions
Cause of exemption
length of time between
commission of the
crime and discovery
and arrestation.

159. 36. II. Good & Evil XIII. Exemptions
The alarm and danger
may be said to
have ceased, and
thence the evil of 2d.
order.

160. 37. II. Good & Evil XIII. Exemptions
But the alarm not
ceased altogether.

161. 38. II. Good & Evil XIII. Exemptions
Much will depend
on the course of life
pursued by the offender
since the offence.

162. 39. II. Good & Evil XIII. Exemptions
On the degree of depravity
manifested by the
offence.

163. 40. II. Good & Evil XIII. Exemptions
Compensation may
be remitted should not by government in any
case.

Identifier: | JB/549/242/001 "JB/" can not be assigned to a declared number type with value 549.
Date_1	1828-10-??	Marginal Summary Numbering
Box	549	Main Headings
Folio number	242	Info in main headings field	Law Amendment
Image	001	Titles
Category	Rudiments sheet (brouillon)	Number of Pages
Recto/Verso		Page Numbering
Penner	John Flowerdew Colls	Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections	Jeremy Bentham	Paper Produced in Year
Notes public		ID Number
Box Contents