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'' | <head>11</head><lb/><head>C</head><lb/><head>Of <del>Excuses</del> Extenuations</head><lb/> <p>circumstances relied on as grounds of justification, if looked<lb/> upon as being <hi rend='underline'>past</hi> or <hi rend='underline'>present</hi>; or the <hi rend='underline'>probability</hi> of their<lb/> existence if looked upon as <hi rend='underline'>future</hi>.</p> | ||
<p>Suppose for instance that, with a good intention,<lb/> in order to save the life of a person bitten in the finger<lb/> (as you suppose) by a <del>mad</del> dog, <add>which you suppose is mad,</add> you cut off the finger<lb/> against his will. here 1. If the dog was not mad at<lb/>the time <del>he</del> it bit the person's finger, this was a mistake respecting<lb/> the <hi rend='underline'>actual</hi> <hi rend='underline'>past</hi> and <hi rend='underline'>present</hi> matter of fact. 2. If<lb/> immediate amputation does not surely cure, or if a cure<lb/> might for a certainty be effected at a cheaper rate, either<lb/> of these are mistakes concerning the probable matter of<lb/> fact. 3. If notwithstanding that the dog was mad at<lb/> the time and that the amputation cured, and that a cure<lb/> could not be effected at a cheaper rate, the law admitted<lb/> not the concurrence of these circumstaces as a<lb/> justification for the cutting off a man's finger, this would<lb/> be a mistake with regard to the matter of <hi rend='underline'>right</hi>, or in<lb/> other words <del>of</del> the matter of <hi rend='underline'>Law</hi> <lb/>[(B) Law] See <del>Excuse</del> Extenuation II<lb/>[(C) Unwritten Law] See <del>Excuse</del> Extenuation II <add>Main - Text</add> </p> | |||
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11
C
Of Excuses Extenuations
circumstances relied on as grounds of justification, if looked
upon as being past or present; or the probability of their
existence if looked upon as future.
Suppose for instance that, with a good intention,
in order to save the life of a person bitten in the finger
(as you suppose) by a mad dog, which you suppose is mad, you cut off the finger
against his will. here 1. If the dog was not mad at
the time he it bit the person's finger, this was a mistake respecting
the actual past and present matter of fact. 2. If
immediate amputation does not surely cure, or if a cure
might for a certainty be effected at a cheaper rate, either
of these are mistakes concerning the probable matter of
fact. 3. If notwithstanding that the dog was mad at
the time and that the amputation cured, and that a cure
could not be effected at a cheaper rate, the law admitted
not the concurrence of these circumstaces as a
justification for the cutting off a man's finger, this would
be a mistake with regard to the matter of right, or in
other words of the matter of Law
[(B) Law] See Excuse Extenuation II
[(C) Unwritten Law] See Excuse Extenuation II Main - Text
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Identifier: | JB/071/010/003"JB/" can not be assigned to a declared number type with value 71. |
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not numbered |
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071 |
penal code |
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010 |
of extenuations |
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003 |
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copy/fair copy sheet |
4 |
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recto |
f9 / f10 / f11 / f12 |
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[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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23413 |
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