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<p>Manslaughter, that is killing <del>in passion,</del> <add>done in sudden anger</add> <lb/> | <p>Manslaughter, that is killing <del>in passion,</del> <add>done in sudden anger</add> <lb/> | ||
produces a mischief of the 1<hi rend='superscript'>st</hi> order, which <lb/> | produces a mischief of the 1<hi rend='superscript'>st</hi> order, which <lb/> | ||
every man, were there no punishment to <lb/> | every man, were there no punishment to <lb/> | ||
check it, might have reason to apprehend <lb/> | check it, might have reason to apprehend <lb/> | ||
much more then now that there is a punishment, <lb/> | much more then now that there is a punishment, <lb/> | ||
from such persons (of <del><gap/><gap/></del> <lb/> | from such persons (of <del><gap/><gap/></del> <lb/> | ||
passionate temperaments) as falls within <lb/> | passionate temperaments) as falls within <lb/> | ||
his acquaintance.</p> | his acquaintance.</p> | ||
<p> | <p> | ||
These persons are few in comparison of <lb/> | These persons are few in comparison of <lb/> | ||
those to whom a man would stand exposed <lb/> | those to whom a man would stand exposed <lb/> | ||
to suffer the | to suffer the like pain, were there <lb/> | ||
no punishment for <hi rend='underline'>Murther.</hi><lb/></p> | no punishment for <hi rend='underline'>Murther.</hi><lb/></p> | ||
<p>I am speaking now of killing done through <lb/> | <p>I am speaking now of killing done through <lb/> | ||
Avarice.</p> | Avarice.</p> | ||
<p> | <p> | ||
<del>From</del> The total Mischief of | <del>From</del> The <add>total</add> Mischief of each is as the number <lb/> | ||
of the one set of persons to that of the other.<lb/></p> | of the one set of persons to that of the other.<lb/></p> | ||
<p>It is but too true, that the whole doctrine <del>of</del> <lb/> | <p>It is but too true, that the whole doctrine <del>of</del> <lb/> | ||
<del>Murder | <del>Murder and</del> <add>concerning</add> Manslaughter and Murder is a scene of the most deplorable confusion.<lb/></p> | ||
<p>Lawyers jog on, with their unreal indifference, <lb/> | <p>Lawyers jog on, with their unreal indifference, <lb/> | ||
through this confusion, amidst <lb/> | through this confusion, amidst <lb/> | ||
establishments which give an equal shock <add>equally shock</add><lb/> the heart and the understanding.<lb/></p> | establishments which give an equal shock <add>equally shock</add><lb/> the heart and the understanding.<lb/></p> | ||
<p> | |||
The whole doctrine <add>notion of</add> concerning killing (the <lb/> | The whole doctrine <add>notion of</add> concerning killing (the <lb/> | ||
particular cases of High and <unclear>petty</unclear> Treason <lb/> | particular cases of High and <unclear>petty</unclear> Treason <lb/> | ||
excepted) is divided into Murder and <lb/> | excepted) is divided into Murder and <lb/> | ||
Manslaughter. The Punishments that <add>there</add><lb/> | Manslaughter. The Punishments that <add>there</add><lb/> | ||
<note>The | <note>The degrees of Punishment there are for there are but two: one <add>that</add> <gap/> for the <gap/> of them: another, the lower <del><gap/><gap/><gap/></del> for the second <del><gap/></del></note>are, are distributed according to this division. <lb/> | ||
But the mischief of the offence <lb/> | But the mischief of the offence <lb/> | ||
<add>does nothing less than</add> <unclear>tallies</unclear> not with this proportionment of the <lb/> | <add>does nothing less than</add> <unclear>tallies</unclear> not with this proportionment of the <lb/> | ||
Punishment. There are murders <del>much</del> vastly more <lb/> | Punishment. There are murders <del>much</del> vastly more <lb/> | ||
mischievous than Murders: there are Manslaughters <lb/> | mischievous than Murders: there are Manslaughters <lb/> | ||
vastly more mischievous than Manslaughters:<lb/> | vastly more mischievous than Manslaughters:<lb/></p> | ||
<head> | </div> | ||
MURDER & MANSLAUGHTER. Duelling.</head><lb/> | <div> | ||
<pb/> | <head> | ||
MURDER & MANSLAUGHTER. Duelling.</head><lb/> | |||
<p> | <pb/> | ||
Murder through avarice is either 1<hi rend='superscript'>st</hi> By <lb/> | |||
persons specially related: or 2<hi rend='superscript'>dly</hi> By persons <lb/> | <p> | ||
at large.</p> | Murder through avarice is either 1<hi rend='superscript'>st</hi> By <lb/> | ||
<p> | persons specially related: or 2<hi rend='superscript'>dly</hi> By persons <lb/> | ||
From murder by persons at large there <lb/> | at large.</p> | ||
is danger to a greater number. But <lb/> | <p> | ||
from murder by persons specially related, <lb/> | From murder by persons at large there <lb/> | ||
the danger of each one of these that stand exposed <!-- symbol? --><lb/> is greater.<lb/> | is danger to a greater number. But <lb/> | ||
there is 1<hi rend='superscript'>st</hi> Greater opportunity: 2<hi rend='superscript'>dly</hi><lb/> | from murder by persons specially related, <lb/> | ||
Greater motives. On the other hand there <lb/> | the danger of each one of these that stand exposed <!-- symbol? --><lb/> is greater.<lb/> | ||
are in this latter case greater <hi rend='underline'>restrictions</hi> <lb/> | there is 1<hi rend='superscript'>st</hi> Greater opportunity: 2<hi rend='superscript'>dly</hi><lb/> | ||
than in the other: viz: Affections: whether <lb/>through blood or through simple intercourse.<lb/></p> | Greater motives. On the other hand there <lb/> | ||
are in this latter case greater <hi rend='underline'>restrictions</hi> <lb/> | |||
<!-- horizontal rule --> | than in the other: viz: Affections: whether <lb/>through blood or through simple intercourse.<lb/></p> | ||
<p><del>Suppose</del> Let the danger from unpunished Manslaughter <lb/> | <!-- horizontal rule --> | ||
be such, that every man myself <lb/> | |||
for example, have one man <del><gap/> whom</del> <add>who would</add> <lb/> | <p><del>Suppose</del> Let the danger from unpunished Manslaughter <lb/> | ||
have <add>the</add> adequate motive and opportunity to <del><gap/></del> cause <lb/> | be such, that every man myself <lb/> | ||
my death in this manner at some time within 40 years. For one <lb/> | for example, have one man <del><gap/> whom</del> <add>who would</add> <lb/> | ||
man that has <add>such</add> adequate motive and opportunity <lb/> | have <add>the</add> adequate motive and opportunity to <del><gap/></del> cause <lb/> | ||
<del><gap/><gap/></del> <add>during the same</add> period there would be many <lb/> | my death in this manner at some time within 40 years. For one <lb/> | ||
men who would have the same were Murder <lb/> | man that has <add>such</add> adequate motive and opportunity <lb/> | ||
to be punished.<lb/></p> | <del><gap/><gap/></del> <add>during the same</add> period there would be many <lb/> | ||
men who would have the same were Murder <lb/> | |||
<p>On this case therefore, the danger from Murder <lb/> | to be punished.<lb/></p> | ||
is some number of times greater than that <lb/> | |||
from Manslaughter.<lb/></p> | <p>On this case therefore, the danger from Murder <lb/> | ||
is some number of times greater than that <lb/> | |||
<p>My life could not stand 100 years against <add>suppose for</add> <lb/> | from Manslaughter.<lb/></p> | ||
<add>dispositions</add> <del><gap/></del>of Manslaughter: it could not stand <lb/> | |||
<del><gap/></del> 1/4 of a year <add>perhaps</add> against dispositions <lb/> | <p>My life could not stand 100 years against <add>suppose for</add> <lb/> | ||
to Murder.<lb/></p> | <add>dispositions</add> <del><gap/></del>of Manslaughter: it could not stand <lb/> | ||
<del><gap/></del> 1/4 of a year <add>perhaps</add> against dispositions <lb/> | |||
There are even Murders that are not mischievous: <lb/> | to Murder.<lb/></p> | ||
and there are Manslaughters more mischievous than those that are.<lb/> | <!-- horizontal rule --> | ||
<p> | |||
Homicide by Duelling, is homicide ensuing <lb/> | There are even Murders that are not mischievous: <lb/> | ||
from attempts done and suffered by <hi rend='underline'>consent</hi>.<lb/> | and there are Manslaughters more mischievous than those that are.<lb/> | ||
Every man may choose whether he will consent: <lb/> | |||
every man therefore may choose whether <lb/> | Homicide by Duelling, is homicide ensuing <lb/> | ||
he will die by Duelling.<lb/> | from attempts done and suffered by <hi rend='underline'>consent</hi>.<lb/> | ||
Every man may choose whether he will consent: <lb/> | |||
That of which <add> a man</add> he may choose whether it shall come <lb/> | every man therefore may choose whether <lb/> | ||
to pass or no, he is not afraid of <unclear>hurdles</unclear> not approached Homicide by Duelling therefore, as such carries with it. + <lb/> | he will die by Duelling.<lb/> | ||
<note>DUELLING. + no terror: it | That of which <add> a man</add> he may choose whether it shall come <lb/> | ||
to pass or no, he is not afraid of <unclear>hurdles</unclear> not approached Homicide by Duelling therefore, as such carries with it. + <lb/> | |||
<note>DUELLING. + no terror: it produces not any Pain of Apprehension.</note> | |||
</p> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
Manslaughter, that is killing in passion, done in sudden anger
produces a mischief of the 1st order, which
every man, were there no punishment to
check it, might have reason to apprehend
much more then now that there is a punishment,
from such persons (of
passionate temperaments) as falls within
his acquaintance.
These persons are few in comparison of
those to whom a man would stand exposed
to suffer the like pain, were there
no punishment for Murther.
I am speaking now of killing done through
Avarice.
From The total Mischief of each is as the number
of the one set of persons to that of the other.
It is but too true, that the whole doctrine of
Murder and concerning Manslaughter and Murder is a scene of the most deplorable confusion.
Lawyers jog on, with their unreal indifference,
through this confusion, amidst
establishments which give an equal shock equally shock
the heart and the understanding.
The whole doctrine notion of concerning killing (the
particular cases of High and petty Treason
excepted) is divided into Murder and
Manslaughter. The Punishments that there
The degrees of Punishment there are for there are but two: one that for the of them: another, the lower for the second are, are distributed according to this division.
But the mischief of the offence
does nothing less than tallies not with this proportionment of the
Punishment. There are murders much vastly more
mischievous than Murders: there are Manslaughters
vastly more mischievous than Manslaughters:
MURDER & MANSLAUGHTER. Duelling.
---page break---
Murder through avarice is either 1st By
persons specially related: or 2dly By persons
at large.
From murder by persons at large there
is danger to a greater number. But
from murder by persons specially related,
the danger of each one of these that stand exposed
is greater.
there is 1st Greater opportunity: 2dly
Greater motives. On the other hand there
are in this latter case greater restrictions
than in the other: viz: Affections: whether
through blood or through simple intercourse.
Suppose Let the danger from unpunished Manslaughter
be such, that every man myself
for example, have one man whom who would
have the adequate motive and opportunity to cause
my death in this manner at some time within 40 years. For one
man that has such adequate motive and opportunity
during the same period there would be many
men who would have the same were Murder
to be punished.
On this case therefore, the danger from Murder
is some number of times greater than that
from Manslaughter.
My life could not stand 100 years against suppose for
dispositions of Manslaughter: it could not stand
1/4 of a year perhaps against dispositions
to Murder.
There are even Murders that are not mischievous:
and there are Manslaughters more mischievous than those that are.
Homicide by Duelling, is homicide ensuing
from attempts done and suffered by consent.
Every man may choose whether he will consent:
every man therefore may choose whether
he will die by Duelling.
That of which a man he may choose whether it shall come
to pass or no, he is not afraid of hurdles not approached Homicide by Duelling therefore, as such carries with it. +
DUELLING. + no terror: it produces not any Pain of Apprehension.
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Identifier: | JB/096/200/001"JB/" can not be assigned to a declared number type with value 96. |
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096 |
legislation |
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200 |
murder manslaughter duelling |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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31204 |
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