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<!-- unclear whether this line has been crossed through --><p> | <!-- unclear whether this line has been crossed through --><p><foreign>Quis</foreign> the Agent <foreign>Quid</foreign> the subject whether a person or a thing</p> | ||
<p><foreign>Cur</foreign> is ambiguous referring either to the motive or the end<lb/> | |||
<add>(for that I would have a power left to do</add><lb/> | |||
Thus the end of a Man's <del><gap/></del> Action may be general happiness<lb/> | |||
but the motive is always his own particular happiness</p> | |||
<p> All questions of intention are questions of fact; because <del><gap/></del> either there <del>are</del> <add>is</add> no fact the <sic>connexion</sic><lb/> | |||
of which with a certain intention is necessary, and therefore standing alone <del>they</del> <add>it</add> ought not to be made<lb/> | |||
or if there <del>be, they are</del> it is <add>so</add> obviously so, that <add>simple</add> men are not likely to <del>mistake</del> <add>fail of practicing</add> it, and <add>nor</add> to <gap/><lb/> | |||
it does it require the disciplined sagacity of a Judge.</p> | |||
<!-- line across the page separating text which appears to have been added afterwards --> | |||
<p>In the course of this work I have had several<lb/> | |||
reasons to cause to be remarked instances where<lb/> | |||
the taking of such a connection for <add>where it was not so</add> necessary, <del>where</del><lb/> | |||
and substituting accordingly a decision concerning the existence of the fact, in the room of a decision concerning the existence of an<lb/>intention, <del>on a ground</del> exposes to evil consequences.</p> | |||
<!-- continues on the top right of the page, marked off as a separate section --> | |||
<p>When you have completed <lb/> | |||
your definition of the<lb/> | |||
crime so as to take<lb/> | |||
in all the mischief, & <lb/> | |||
nothing more than the<lb/> | |||
mischief, then have you<lb/> | |||
done all that there is for<lb/> | |||
the Law to do,<add>[+]</add></p> | |||
<note><!-- written along the top and continuing in the left hand margin. all the text of the addition has been crossed through --><hi rend="superscript">[+]</hi> The Judge has nothing <add>more</add> to do (and surely it is enough) but <add>than</add> to superintend the order<lb/> | |||
<add>& conduct</add> of the proceedings, to keep the Convict to <add>within</add> their duty <add>in order</add> to interrogate and <del><gap/></del> witnesses where he thinks proper<lb/> | |||
to sum up their testimony to remark on it for the benefit of the weak, <add>and</add> the strong, & the ambiguous, to<lb/> | |||
<!-- continues in margin --> | |||
To examine &<lb/> | |||
explain the written<lb/> | |||
evidence —<lb/> | |||
in another place<lb/> | |||
to <del>set aside the</del><lb/> | |||
those who vote for the<lb/> | |||
setting aside<lb/> | |||
the verdict if<lb/> | |||
he is not satisfied<lb/> | |||
with it:</note> | |||
<note><!-- end of addition --> | |||
The Jury but<lb/> | |||
to declare whether the requisite <del>cr</del> circumstances<lb/> | |||
exist</note> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
Quis the Agent Quid the subject whether a person or a thing
Cur is ambiguous referring either to the motive or the end
(for that I would have a power left to do
Thus the end of a Man's Action may be general happiness
but the motive is always his own particular happiness
All questions of intention are questions of fact; because either there are is no fact the connexion
of which with a certain intention is necessary, and therefore standing alone they it ought not to be made
or if there be, they are it is so obviously so, that simple men are not likely to mistake fail of practicing it, and nor to
it does it require the disciplined sagacity of a Judge.
In the course of this work I have had several
reasons to cause to be remarked instances where
the taking of such a connection for where it was not so necessary, where
and substituting accordingly a decision concerning the existence of the fact, in the room of a decision concerning the existence of an
intention, on a ground exposes to evil consequences.
When you have completed
your definition of the
crime so as to take
in all the mischief, &
nothing more than the
mischief, then have you
done all that there is for
the Law to do,[+]
[+] The Judge has nothing more to do (and surely it is enough) but than to superintend the order
& conduct of the proceedings, to keep the Convict to within their duty in order to interrogate and witnesses where he thinks proper
to sum up their testimony to remark on it for the benefit of the weak, and the strong, & the ambiguous, to
To examine &
explain the written
evidence —
in another place
to set aside the
those who vote for the
setting aside
the verdict if
he is not satisfied
with it:
The Jury but
to declare whether the requisite cr circumstances
exist
|
Identifier: | JB/050/074/002"JB/" can not be assigned to a declared number type with value 50. |
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050 |
procedure code |
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074 |
certainty - law & fact |
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002 |
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text sheet |
2 |
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recto |
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jeremy bentham |
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16065 |
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