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in the production of the same mischievous<lb/> | in the production of the same mischievous<lb/> | ||
result — of an offence of the same denomination:<lb/> | result — of an offence of the same denomination:<lb/> | ||
to wit, Evil consciousness and | to wit, Evil consciousness and Temerity,<lb/> | ||
including negligence.</p> | including negligence.</p> | ||
<note>2<lb/> | <note>2<lb/> | ||
| Line 26: | Line 26: | ||
same ideas expressed<lb/> | same ideas expressed<lb/> | ||
(tho' inadequately) by<lb/> | (tho' inadequately) by<lb/> | ||
the words <hi rend="underline">dolus</hi> and<lb/> | the words <hi rend="underline"><foreign>dolus</foreign></hi> and<lb/> | ||
<hi rend="underline">culpa</hi></note> | <hi rend="underline"><foreign>culpa</foreign></hi></note> | ||
<p><add>Here is another distinction which</add> This distinction likewise pervades the<lb/> | <p><add>Here is another distinction which</add> This distinction likewise pervades the<lb/> | ||
whole field of penal law. To an English reader, the terms are new, and the ideas in a great<lb/> | whole field of penal law. To an English reader,<lb/> | ||
the terms are new, and the ideas in a great<lb/> | |||
measure so; but the demand for the ideas &<lb/> | measure so; but the demand for the ideas &<lb/> | ||
therefore for the terms is all comprehensive. In<lb/> | therefore for the terms is all comprehensive. In<lb/> | ||
Roman <add> | Roman <add>Rome-bred</add> Law, the ideas are not novel, and the<lb/> | ||
application <add>made</add> of them, though not all comprehensive<lb/> | application <add>made</add> of them, though not all comprehensive<lb/> | ||
is extensive. In Rome-bred Law, the<lb/> | is extensive. In Rome-bred Law, the<lb/> | ||
idea here expressed by evil consciousness is expressed<lb/> | idea here expressed by evil consciousness is expressed<lb/> | ||
by the term <hi rend="underline">dolus</hi>, though it may already<lb/> | by the term <hi rend="underline"><foreign>dolus</foreign></hi>, though it may already<lb/> | ||
perhaps be perceived, or at least suspected, how<lb/> | perhaps be perceived, or at least suspected, how<lb/> | ||
<gap/> inadequately: the idea <add>here</add> expressed by<lb/> | <gap/> inadequately: the idea <add>here</add> expressed by<lb/> | ||
the word temerity, including negligence is expressed by the<lb/> | the word temerity, including negligence is expressed by the<lb/> | ||
word<del>s</del> <hi rend="underline">culpa</hi>.</p> | word<del>s</del> <hi rend="underline"><foreign>culpa</foreign></hi>.</p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
March 18. 1826
Penal Code +
1 B.1. Gen Titles
Cap. V. State of the mind &c
1 § Evil consciousness.
1
Degrees of blame
exemplifiable in
Evil consciousness
& temerity including
negligence
How Of the different degrees of blame exemplifiable
in the production of the same mischievous
result — of an offence of the same denomination:
to wit, Evil consciousness and Temerity,
including negligence.
2
In English bred these
terms so applied are
new the ideas are new
In Rome-bred law the
same ideas expressed
(tho' inadequately) by
the words dolus and
culpa
Here is another distinction which This distinction likewise pervades the
whole field of penal law. To an English reader,
the terms are new, and the ideas in a great
measure so; but the demand for the ideas &
therefore for the terms is all comprehensive. In
Roman Rome-bred Law, the ideas are not novel, and the
application made of them, though not all comprehensive
is extensive. In Rome-bred Law, the
idea here expressed by evil consciousness is expressed
by the term dolus, though it may already
perhaps be perceived, or at least suspected, how
inadequately: the idea here expressed by
the word temerity, including negligence is expressed by the
words culpa.
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Identifier: | JB/068/173/001"JB/" can not be assigned to a declared number type with value 68. |
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1826-03-18 |
1-2 |
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173 |
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copy/fair copy sheet |
1 |
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recto |
d1 / e1 |
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john neal |
j whatman turkey mill 1824 |
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jonathan blenman |
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1824 |
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22368 |
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