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30 Oct. 1814
Logic
But in the case of the negative offence, the mischief of
the second order – the alarm and the danger and the alarm
– is next to nothing shrinks. He failed to On his part
all endeavours to prevent the mischief, which in the part instance
in question was actually produced, was needed
wanting: – true: but it follows not that he will at
any time nor employ any exertions in the endeavour to
produce a similar one mischief.
In respect of punishment, cases there are in
which under the laws perhaps of all individual nations
the negative act is put upon exactly the same footing
as the positive act. In these cases Homicide for example, viz. whose
act being to the power of person having another in his power, keep
him without sustenance till he he dies: by a mother or
nurse a new born child: a jailor one or more of his prisoners,
death the in respect of punishment the negative course
of conduct by of which in these cases death loss of life is the
result is commonly put upon a footing little if
any thing different from that of which has place
where the the mischief have for its cause a positive
act. So in case of a design to the person
or power authority of the sovereign or any this or that a member of of the members of
the sovereignty in a state the negative offence,
, which, consists in the to case of a person by
whom the dee existence of the danger is known, is committed
by omission to give information of it to the competent
authority authorities is commonly punished not perhaps with exactly
the same punishment as that which is allotted appointed
for thosewho by whom an active part is taken in that
same design, but however yet with a or some other punishment that does not much fall short of it.
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