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<p>as the good or evil of an action cannot<lb/> | <p>as the good or evil of an action cannot<lb/> | ||
be said to arise from its being commanded, or<lb/> | be said to arise from its being commanded, or<lb/> | ||
prohibited, by what our author calls the divine, or<lb/> | prohibited, by what our author calls the divine, or<lb/> | ||
natural Law; the | natural Law; the expression would be just as improper,<lb/> | ||
& no more so, to say, that what he calls <foreign>mala | & no more so, to say, that what he calls <foreign>mala<lb/> | ||
in se</foreign>, are more or less good or evil, because the<lb/> | |||
inferior or human legislature does <del>de</del> command<lb/> | inferior or human legislature does <del>de</del> command<lb/> | ||
or forbid them. And therefore that this third consequence, <lb/> | or forbid them. And therefore that this third consequence, <lb/> | ||
deducible from his positions is just as <del>absurd</del> <add>erroneous</add> as <lb/> | deducible from his positions is just as <del>absurd</del> <add>erroneous</add> as <lb/> | ||
the others: <del>For this <unclear>a</unclear></del> For <del>his actions called</del> <add>what he calls <hi rend='underline'>mala</hi></add> <hi rend='underline'>in</hi> <lb/> | the others: <del>For this <unclear>a</unclear></del> For <del>his actions called</del> <add>what he calls <hi rend='underline'><foreign>mala</foreign></hi></add> <hi rend='underline'><foreign>in</foreign></hi> <lb/> | ||
se <del> | <foreign>se</foreign> <del>do</del> <add>may be said to</add> contract additional turpitude, or <del>do</del> to <lb/> | ||
lose a part of their turpitude, by their being <lb/> | lose a part of their turpitude, by their being <lb/> | ||
forbidden or allowed by human legislature; <del>in</del> <add>with</add> <lb/> | forbidden or allowed by human legislature; <del>in</del> <add>with</add> <lb/> | ||
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forbidden by the divine Law.</p> | forbidden by the divine Law.</p> | ||
To instances in his own examples of theft & fraud<lb/> | <p>To instances in his own examples of theft & fraud<lb/> | ||
a Society <hi rend='underline'>may</hi> exist, nay a Society did once exist, <lb/> | a Society <hi rend='underline'>may</hi> exist, nay a Society did once exist, <lb/> | ||
where the Subjects of property were so inconsiderable, <lb/> | where the Subjects of property were so inconsiderable, <lb/> | ||
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to be <add>& really was</add> no crime. — Many states exist where <lb/> | to be <add>& really was</add> no crime. — Many states exist where <lb/> | ||
one species of fraud being productive of <lb/> | one species of fraud being productive of <lb/> | ||
more misery than another, it is therefore <hi rend='underline'>declared</hi> <lb/><add>a</add> | more misery than another, it is therefore <hi rend='underline'>declared</hi> <lb/><add>a</add></p> | ||
<head>119</head> | <head>119</head> | ||
as the good or evil of an action cannot
be said to arise from its being commanded, or
prohibited, by what our author calls the divine, or
natural Law; the expression would be just as improper,
& no more so, to say, that what he calls mala
in se, are more or less good or evil, because the
inferior or human legislature does de command
or forbid them. And therefore that this third consequence,
deducible from his positions is just as absurd erroneous as
the others: For this a For his actions called what he calls mala in
se do may be said to contract additional turpitude, or do to
lose a part of their turpitude, by their being
forbidden or allowed by human legislature; in with
to just as much propriety as they are
said to contract this their turpitude from by being
forbidden by the divine Law.
To instances in his own examples of theft & fraud
a Society may exist, nay a Society did once exist,
where the Subjects of property were so inconsiderable,
& so difficult to be stole, where all the possible the
consequences of stealing them was so
very trifling, that theft itself was declared
to be & really was no crime. — Many states exist where
one species of fraud being productive of
more misery than another, it is therefore declared
a
119
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Identifier: | JB/096/044/001"JB/" can not be assigned to a declared number type with value 96. |
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096 |
comment on the commentaries |
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044 |
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001 |
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collectanea |
1 |
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recto |
c119 |
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168 |
[[watermarks::[lion with vryheyt motif]]] |
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[[notes_public::"to be copied" [note not in bentham's hand]]] |
31048 |
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