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<p>drunk he would do if he durst when sober.<lb/> | |||
Speaking of an individual, so says a<lb/> | |||
Greek Epigram. But in a case of high mischief,<lb/> | |||
and consequent high penalty, for example<lb/> | |||
homicide or <sic>insenduarism</sic> it<lb/> | |||
seems clear from the man's general good character<lb/> | |||
that the mischief thus done by him<lb/> | |||
when drunk would not have been done when<lb/> | |||
sober: here you see is the mischief of the 2<hi rend="superscript">d</hi><lb/> | |||
Order <sic>proportionably</sic> reduced and consequently<lb/> | |||
the demand for punishment. Not so the demand<lb/> | |||
for pecuniary satisfaction, to the<lb/> | |||
extent of all his means.</p> | |||
<p>Second, Ignorance of the law. Such<lb/> | |||
ignorance, in proportion as it has place,<lb/> | |||
is the fault and the disgrace of the government<lb/> itself. The more perfectly your<lb/> | |||
Code is composed the more perfectly will<lb/> | |||
the room for this excuse be done away.<lb/> | |||
But without the rationale, added to our<lb/> | |||
expedients for abridgement, and for promulgation<lb/> | |||
in the way of instruction therein,<lb/> | |||
as a part of universal education,<lb/> | |||
it never can be done away: without the<lb/> | |||
rationale never can the inactive part<lb/> | |||
be effectively anchored in the mind.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
16
drunk he would do if he durst when sober.
Speaking of an individual, so says a
Greek Epigram. But in a case of high mischief,
and consequent high penalty, for example
homicide or insenduarism it
seems clear from the man's general good character
that the mischief thus done by him
when drunk would not have been done when
sober: here you see is the mischief of the 2d
Order proportionably reduced and consequently
the demand for punishment. Not so the demand
for pecuniary satisfaction, to the
extent of all his means.
Second, Ignorance of the law. Such
ignorance, in proportion as it has place,
is the fault and the disgrace of the government
itself. The more perfectly your
Code is composed the more perfectly will
the room for this excuse be done away.
But without the rationale, added to our
expedients for abridgement, and for promulgation
in the way of instruction therein,
as a part of universal education,
it never can be done away: without the
rationale never can the inactive part
be effectively anchored in the mind.
Identifier: | JB/010/039/003"JB/" can not be assigned to a declared number type with value 10. |
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010 |
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039 |
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003 |
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correspondence |
4 |
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recto |
f13 / f14 / f15 / f16 |
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john herbert koe |
john dickinson & c<…> 1813 |
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a. levy |
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1813 |
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draft of letter 2425, vol. 9 |
3475 |
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