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<head>1</head> | <head>1</head> | ||
<head>MALICIOUS MISCHIEF</head> | <head>MALICIOUS MISCHIEF</head> | ||
<head>to APHORISM 1 | <head>to APHORISM 1<hi rend='superscript'>st</hi></head> | ||
<p> | |||
<p>In assessing the Punishment</p> | |||
<p>The Consequential mischief, when it appears | <p>The Consequential mischief, when it appears | ||
<lb/> | <lb/> | ||
to have been in contemplation, <del>may</del> <add>shall</add> be added | to have been in contemplation, <del>may</del> <add>shall</add> be added | ||
<lb/> | <lb/> | ||
to the Direct: <note>This | to the Direct: <note>This between Brackets need not be inserted in the General Substantive Code. of</note> [of which, upon the completion | ||
<lb/> | <lb/> | ||
of the case, <del> | of the case, <del>he</del> whose has <sic>cognizance</sic> of the | ||
<lb/> | <lb/> | ||
fact, without any special evidence, may | fact, without any special evidence, may | ||
<lb/> | <lb/> | ||
judge.] | judge.]</p> | ||
<p>Reason — This must be done, because according | <p>Reason — This must be done, because according | ||
<lb/> | <lb/> | ||
to the Rules of Punishment, no greater | to the Rules of Punishment, no greater | ||
<lb/> | <lb/> | ||
is to be | is to be imposed than what is necessary <add>sufficient</add> for <del>the</del> | ||
<lb/> | <lb/> | ||
prevention of <add><sic>delivring</sic> from</add> of the mischief: now | prevention of <add><sic>delivring</sic> from</add> of the mischief: now what is sufficient | ||
<lb/> | <lb/> | ||
for <del>the prevention</del> <add><sic>delivring</sic></add> from a loss is <del>not</del> | for <del>the prevention</del> <add><sic>delivring</sic></add> from a loss is <del>not</del> | ||
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sufficient for a greater: <del>therefore because</del> to | sufficient for a greater: <del>therefore because</del> to | ||
<lb/> | <lb/> | ||
one who has a strong appetite to work mischief | |||
<lb/> | <lb/> | ||
the <del>so</del> doing of a little | the <del>so</del> doing of a little <add>less</add> is not so high a gratification | ||
<lb/> | <lb/> | ||
as the doing of a greater: | as the doing of a greater: the propensity | ||
<lb/> | <lb/> | ||
therefore in this latter case will be <del>the</del> greater: the | therefore in this latter case will be <del>the</del> greater: the | ||
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<lb/> | <lb/> | ||
therefore to be <del>the grea</del> <add>in the same proportion</add> greater. | therefore to be <del>the grea</del> <add>in the same proportion</add> greater. | ||
</p> | |||
<pb/> | <pb/> | ||
<head>2</head> | <head>2</head> | ||
<p>When <hi rend='underline'>not in contemplation</hi> it need not; because | <p>When <hi rend='underline'>not in contemplation</hi> it need not; because | ||
<lb/> | <lb/> | ||
<add>in this case</add> then not | <add>in this case</add> then not exisiting as a force acting upon the | ||
<lb/> | <lb/> | ||
will, it requires not any force to be opposed to | will, it requires not any force to be opposed to | ||
<lb/> | <lb/> | ||
it. | it. <note>If therefore the Punishment for the direct be not too great, the same Punishment for the direct & consequential together will be not enough.</note> | ||
</p> | |||
<head>APHORISM. 2</head> <p>[+] v.p.1 of this | <head>APHORISM. 2<hi rend='superscript'>d</hi></head> | ||
<p><hi rend='superscript'>[+]</hi> v.p.1 of this leaf <note><hi rend='superscript'>[+]</hi> Mischief done to Apparel <del>naturally</del> in <unclear>wear</unclear> <add>at the <unclear>very time</unclear></add>, shall be punished 4 fold — Bed clothes shall for this purpose be accounted as Apparel. v. Fielding 413. APHORISM 3<hi rend='superscript'>d</hi> Mischief done to a vehicle <del><unclear>is</unclear></del><!-- or, in --> <gap/> Beast in use for the carriage of man's person shall be punished 2 fold.</note> | |||
</p> | |||
<head>APHORISM 4<hi rend='superscript'>th</hi></head> | <head>APHORISM 4<hi rend='superscript'>th</hi></head> | ||
<p>For Malicious Mischief done to a Bridge <del>for</del> whereby it | <p>For Malicious Mischief done to a Bridge <del>for</del> whereby it | ||
<lb/> | <lb/> | ||
is <sic>render'd</sic> | is <sic>render'd</sic> impassable for any [Person or] | ||
<lb/> | <lb/> | ||
thing by which it before was | thing by which it before was passable, the | ||
<lb/> | <lb/> | ||
Imprisonment is perpetual. | Imprisonment is perpetual. | ||
</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1 MALICIOUS MISCHIEF to APHORISM 1st
In assessing the Punishment
The Consequential mischief, when it appears
to have been in contemplation, may shall be added
to the Direct: This between Brackets need not be inserted in the General Substantive Code. of [of which, upon the completion
of the case, he whose has cognizance of the
fact, without any special evidence, may
judge.]
Reason — This must be done, because according
to the Rules of Punishment, no greater
is to be imposed than what is necessary sufficient for the
prevention of delivring from of the mischief: now what is sufficient
for the prevention delivring from a loss is not
sufficient for a greater: therefore because to
one who has a strong appetite to work mischief
the so doing of a little less is not so high a gratification
as the doing of a greater: the propensity
therefore in this latter case will be the greater: the
Punishment antagonistic opposed to that propensity ought
therefore to be the grea in the same proportion greater.
---page break---
2
When not in contemplation it need not; because
in this case then not exisiting as a force acting upon the
will, it requires not any force to be opposed to
it. If therefore the Punishment for the direct be not too great, the same Punishment for the direct & consequential together will be not enough.
APHORISM. 2d
[+] v.p.1 of this leaf [+] Mischief done to Apparel naturally in wear at the very time, shall be punished 4 fold — Bed clothes shall for this purpose be accounted as Apparel. v. Fielding 413. APHORISM 3d Mischief done to a vehicle is Beast in use for the carriage of man's person shall be punished 2 fold.
APHORISM 4th
For Malicious Mischief done to a Bridge for whereby it
is render'd impassable for any [Person or]
thing by which it before was passable, the
Imprisonment is perpetual.
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Identifier: | JB/073/014/001"JB/" can not be assigned to a declared number type with value 73. |
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073 |
law in general |
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014 |
malicious mischief |
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001 |
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text sheet |
1 |
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recto |
f1 / f2 |
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jeremy bentham |
[[watermarks::gr c[crown motif]]] |
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23854 |
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