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' | <head>ACCIDENT NEGLIGENCE Punishment variable</head> | ||
<p>Since <add>The</add> That the boundaries between accident & Negligence are<lb/>undefinable by general rules of Law; that those betwixt<lb/> different degrees of Negligence are still more so; that<lb/>that Punishment which is the same for all those<lb/> different degrees is harsh & is proportionable; &<lb/>therefore that a more flexible <add>variable <add>manageable</add> one should be adopted <add>established</add><lb/><add>in it's room</add> that <add>this punishment so adopted</add> <del>it</del> should be affixed by those who are capable<lb/> of <gap/> the proportion, the Jury, & not by such<lb/>as are incapable of doing it, the Judges — By the<lb/> Jury guided & restrained by such <gap/> as shall be<lb/> established, intelligible & obvious, rooted in the nature of<lb/> sheriffs</p> | |||
<p><add>In answer to</add><lb/><add>The very</add> <del>certain</del> questions <del>proposed to him</del> <add> picked out <add>collected</add> <add>& digested <add> beforehand in a form as accurate as can be devised</add> which the nature of the case<lb/>fails not <add>at present</add> to suggest to them as the grounds of their verdict, did not the Law<lb/> of <gap/> they always make among themselves the grounds<lb/> of their decision <add>confine them to a channel of its own</add>, their answer to which shall be followed<lb/> <add>as a consequence not to be <gap/></add> unchangeably by the judgment of the Law.</p> | |||
<note>Let us consider <add>for a moment</add> what behoves to be<lb/>in practise of the present state of the<lb/>Jurisprudence on this head.</note> | |||
<note>As the <add>legal</add> differences between<lb/>Murder & Manslaughter are <add>being thus</add><lb/><gap/> & indistinguishable to<lb/>common apprehensions, a man<lb/>things if he kills another<lb/> it is a great chance if he is<lb/>not hanged; but if the offence<lb/>is so far removed from what is<lb/> ordinarily understood to be murder<lb/> that he has no apprehensions on<lb/>that score he <del>never</del> thinks <add>not</add> of <del>any</del><lb/><del>thing else</del> <add>punishment at all</add> burning on the hand<lb/>were it <del>perfectly</del> performed to effect<lb/>would be but a flea-bate, (&<lb/>every <del>being</del> <add>one</add> knows how it is performed,<lb/> & as for forfeiture <add>few indeed</add><lb/><del><gap/> it</del> will be found <del>that very<lb/>few</del> <add>to be</add> <del><gap/></del> aware of any such provision</note> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
ACCIDENT NEGLIGENCE Punishment variable
Since The That the boundaries between accident & Negligence are
undefinable by general rules of Law; that those betwixt
different degrees of Negligence are still more so; that
that Punishment which is the same for all those
different degrees is harsh & is proportionable; &
therefore that a more flexible variable <add>manageable one should be adopted established
in it's room that this punishment so adopted it should be affixed by those who are capable
of the proportion, the Jury, & not by such
as are incapable of doing it, the Judges — By the
Jury guided & restrained by such as shall be
established, intelligible & obvious, rooted in the nature of
sheriffs
In answer to
The very certain questions proposed to him picked out <add>collected & digested <add> beforehand in a form as accurate as can be devised which the nature of the case
fails not at present to suggest to them as the grounds of their verdict, did not the Law
of they always make among themselves the grounds
of their decision confine them to a channel of its own, their answer to which shall be followed
as a consequence not to be unchangeably by the judgment of the Law.
Let us consider for a moment what behoves to be
in practise of the present state of the
Jurisprudence on this head.
As the legal differences between
Murder & Manslaughter are being thus
& indistinguishable to
common apprehensions, a man
things if he kills another
it is a great chance if he is
not hanged; but if the offence
is so far removed from what is
ordinarily understood to be murder
that he has no apprehensions on
that score he never thinks not of any
thing else punishment at all burning on the hand
were it perfectly performed to effect
would be but a flea-bate, (&
every being one knows how it is performed,
& as for forfeiture few indeed
it will be found that very
few to be aware of any such provision
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Identifier: | JB/063/162/001"JB/" can not be assigned to a declared number type with value 63. |
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063 |
law in general |
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162 |
accident - negligence punishment variable |
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001 |
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jeremy bentham |
[[watermarks::[britannia with shield motif]]] |
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20351 |
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