JB/063/123/002

Click Here To Edit

Why and what sense Intention is regarded?

whose Guilt or those merit, which the reader pleases, is indubitable: but another
Minister that shall be ten years hence or perhaps tomorrow: there Ministers are
neither irremovable nor immortal. And our fears if we have any must be such as if not eternal, will press at least beyond the present day <add>hour. But since the Administration of public
affairs is not a matter of intention, and they who study it by profession are
liable to mistakes in their judgment concerning it, of a fortiori they who have not so studied it
it may happen therefore that the honest part of the Nation may be equally
one half may esteem the conduct of the Minister upright tall and elegant corrupt & illegal; the other half, corrupt upright were and legal.
described — it may happen at least, that there may be twelve honest men on
the errouneous side.

Now then let one of two Juries disapprove of the conduct of the Minister,
the other approve of it. It is evident that the first Jury can never impute bad
intentions to a person who writes or publishes their own sentiments: for they
perceive or which <add>amounts is the same thing imagine themselves to perceive by internal consciousness the sincerity of those sentiments; and common
candor as well as just analogy would back them to impute the same sincerity
to those of the Defendant: And tho' the expressions may be more
violent than any they themselves would have used: yet they know as well as every because everybody
knows body else, that the same degree of integrity will consist with very different degrees of temper.

They would therefore be obliged to acquit him.
But the other Jury entertains different Sentiments: impressed with a strong sense of the
merit of the Minister and of the falshood of the imputations cast upon him thrown out against him,
they can see nothing but party malice or lust of gain in the motives Author or publisher
of those imputations: unless instead of being a promiscuous Jury of Merchants &
Country Gentlemen they were a select jury of Philosophers: and Then they would see how
foreign the consideration of intention was to the merits of the decision. They would
therefore necessarily bring in their verdict "Guilty."

Thus it appears therefore that the doctrine of the relevancy of moral intention in the matter of Libels
leads with a necessity not to be eluded disputed to one of two things: either 1st a sense of
alternate prescriptions under colour of law: or 2dly a total impunity for all
Public Libels.

What further may be said concerning the doctrine of Libels belongs not to
this place: the reader will find it in the Chapter dedicated to that subject.

Identifier: | JB/063/123/002"JB/" can not be assigned to a declared number type with value 63.
Date_1		Marginal Summary Numbering
Box	063	Main Headings	law in general
Folio number	123	Info in main headings field	why and in what sense intention is regarded?
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d9
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	20312
Box Contents