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<p>1827 Sept. 1<lb/>
''This Page Has Not Been Transcribed Yet''
<head>Penal Code</head><note>Ch. V.  Instruments of Delinquency<lb/>
 
&sect;  Blameless acts, by force or fraud converted into crimes</note></p>
 
<p><head>&sect;.  How by either <del>of the</del> <add>force</add> or fraud, and not otherwise, <add>interception of  profit</add> <gap/> is convertible<lb/>
 
into a crime.</head></p>
<p>It is to be observed that both <add>by</add> force and fraud in <lb/>
the character of evil preponderant evil – is given to many <add>a large <lb/>
class of acts</add> an act to which, but for the use of this instrument <lb/>
no such character would attach.  Of this phenomenon <add>state of things</add> <lb/>
the cause may be seen in the circumstance which has <lb/>
given denomination to the Disappointment preventing <lb/>
principle.</p>
<p>In every case in which <add>profitable <del><gap/></del></add> for benefit in any shape <lb/>
competition has place between persons in any number greater<lb/>
than one, <add>benefit including</add> profit is by some one – by the successful competitor<lb/>
intercepted, intercepted and prevented from reaching<lb/>
any of the rest <add>others</add>.  This being the case – such interception<lb/>
shall it be made punishable?  shall it be treated on the<lb/>
footing of the Offence.  Of a penal <del>laws</del> <add>enactment</add> for that purpose<lb/>
would be – if no person were excepted, an interdiction of<lb/>
all trade:  if one alone were excepted (and who on this<lb/>
case should be that one?) the establishment of a monopoly<lb/>
in favour of that one:  if a few, in favour of those few.</p>
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1827 Sept. 1
Penal CodeCh. V. Instruments of Delinquency
§ Blameless acts, by force or fraud converted into crimes

§. How by either of the force or fraud, and not otherwise, interception of profit is convertible
into a crime.

It is to be observed that both by force and fraud in
the character of evil preponderant evil – is given to many a large
class of acts
an act to which, but for the use of this instrument
no such character would attach. Of this phenomenon state of things
the cause may be seen in the circumstance which has
given denomination to the Disappointment preventing
principle.

In every case in which profitable for benefit in any shape
competition has place between persons in any number greater
than one, benefit including profit is by some one – by the successful competitor
intercepted, intercepted and prevented from reaching
any of the rest others. This being the case – such interception
shall it be made punishable? shall it be treated on the
footing of the Offence. Of a penal laws enactment for that purpose
would be – if no person were excepted, an interdiction of
all trade: if one alone were excepted (and who on this
case should be that one?) the establishment of a monopoly
in favour of that one: if a few, in favour of those few.


Identifier: | JB/068/168/001"JB/" can not be assigned to a declared number type with value 68.

Date_1

1827-09-01

Marginal Summary Numbering

1-2

Box

068

Main Headings

penal code

Folio number

168

Info in main headings field

penal code

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

c1 / e1

Penner

jeremy bentham

Watermarks

brocklesby & morbey 1827

Marginals

george bentham

Paper Producer

edmund henry barker

Corrections

Paper Produced in Year

1827

Notes public

ID Number

22363

Box Contents

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