★ Find a new page to transcribe in our list of Untranscribed Manuscripts
| m Protected "JB/063/162/001" ([edit=sysop] (indefinite) [move=sysop] (indefinite)) | No edit summary | ||
| Line 12: | Line 12: | ||
| <!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
| {{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
ACCIDENT NEGLIGENCE Punishment variable
Since The That the boundaries between accident & Negligence are
undefinable by general rules of Law; that those betwixt
 different degrees of Negligence are still more so; that
that Punishment which is the same for all those
 different degrees is harsh & is proportionable; &
therefore that a more flexible variable <add>manageable one should be adopted established
in it's room that this punishment so adopted it should be affixed by those who are capable
 of  the proportion, the Jury, & not by such
as are incapable of doing it, the Judges — By the
 Jury guided & restrained by such  as shall be
 established, intelligible & obvious, rooted in the nature of
 sheriffs
In answer to
The very certain questions proposed to him  picked out <add>collected & digested <add> beforehand in a form as accurate as can be devised which the nature of the case
fails not at present to suggest to them as the grounds of their verdict, did not the Law
 of  they always make among themselves the grounds
 of their decision confine them to a channel of its own, their answer to which shall be followed
 as a consequence not to be  unchangeably by the judgment of the Law.
Let us consider for a moment what behoves to be
in practise of the present state of the
Jurisprudence on this head.
As the legal differences between
Murder & Manslaughter are being thus
 & indistinguishable to
common apprehensions, a man
things if he kills another
 it is a great chance if he is
not hanged; but if the offence
is so far removed from what is
 ordinarily understood to be murder
 that he has no apprehensions on
that score he never thinks not of any
thing else punishment at all burning on the hand
were it perfectly performed to effect
would be but a flea-bate, (&
every being one knows how it is performed,
 & as for forfeiture few indeed
 it will be found that very
few to be  aware of any such provision
| Identifier: | JB/063/162/001"JB/" can not be assigned to a declared number type with value 63. | |||
|---|---|---|---|
| 063 | law in general | ||
| 162 | accident - negligence punishment variable | ||
| 001 | |||
| text sheet | 1 | ||
| recto | d5 | ||
| jeremy bentham | [[watermarks::[britannia with shield motif]]] | ||
| 20351 | |||