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26 Oct. 1814
Logic
☞ This after division into heteroblapter & autoblaptee.
Division of offences into positive and negative:
i.e. or rather suggestion observation made that in the nature of the case
for every offence committed by a positive act, there may be is room for
a correspondent offence committed by a negative act.
Positive offence The case of positive offences that where
the mischief of the offence, as abuse (§ ) has for its
cause a positive act – an act of commission: the case
of a negative offence that in which the mischief has for
its cause a negative act – an act of omission:
an act which consists in a mans omitting to do that
which it was in his power to do, towards for the prevention
of a mischief which for want of such positive and preventive
act on his part, either actually did place, or at any rate would
have taken place but for some preventive obstacle, in
the application of which he had not any share.
This division, it is evident, The principle of division,
thus here brought to view extends itself over the whole field of
delinquency: be the positive offence act what it may, the
opposite negative act is alike conceivable, is alike
capable of being exemplified liable to have place. If of in the case of the positive act any mischief be
seen to flow, the correspondent negative act can never
be altogether unproductive of the like consequence.
As to the least difference between the one mischief
of the one and the mischief of the other it depends consists altogether
of the mischief of the 2d order: for as to the mischief
of the first order, suppose it to have place in
both cases, it is exactly the same in bot cases.
But
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