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the case in which the punishment is inflicted<lb/> | the case in which the punishment is inflicted<lb/> | ||
he will be under no apprehension of undergoing<lb/> | he will be under no apprehension of undergoing<lb/> | ||
it [he < | it [he <add>not being expected by him,</add> <del>will not expect that it shall fall upon</del><lb/> <del>him.</del> It cannot operate with <add>on</add> him as a <gap/>.<lb/></p> | ||
<p><del>A second ground of extenuation</del><lb/> | <p><del>A second ground of extenuation</del><lb/> | ||
Secondly we are to show why it is that <del>some</del> <add>in</add><lb/> | Secondly we are to show why it is that <del>some</del> <add>in</add><lb/> | ||
such a case <hi rend='underline'>some</hi> punishment, though not the<lb/> | such a case <hi rend='underline'>some</hi> punishment, though not the<lb/> | ||
whole punishment, ought to be denounced.</p | whole punishment, ought to be denounced.</p> | ||
<p>The reason of this results solely from the difficulty<lb/> | <p>The reason of this results solely from the difficulty<lb/> | ||
there is of pronouncing with certainty whether the<lb/> | there is of pronouncing with certainty whether the<lb/> | ||
| Line 22: | Line 22: | ||
[<unclear>subsisted</unclear> or not.] did <add><hi rend='underline'>really</hi></add> subsist or <hi rend='underline'>not</hi>: that is to say<lb/> | [<unclear>subsisted</unclear> or not.] did <add><hi rend='underline'>really</hi></add> subsist or <hi rend='underline'>not</hi>: that is to say<lb/> | ||
such a full bona fide persuasion as the party<lb/> | such a full bona fide persuasion as the party<lb/> | ||
could not,by any <unclear>pains</unclear> he might be induced to<lb/> | could not, by any <unclear>pains</unclear> he might be induced to<lb/> | ||
take by fear of punishment , be brought to correct.<lb/> | take by fear of punishment , be brought to correct.<lb/> | ||
It may be thought perhaps that it were sufficient to<lb/> | It may be thought perhaps that it were sufficient to<lb/> | ||
refer it to the Judge to determine <del>whe</del>the fact of such<lb/> | refer it to the Judge to determine <del>whe</del> the fact of such<lb/> | ||
persuasion; so that if the Judge were satisfied such a<lb/> persuasion <del>were</del> <add>were really</add> <unclear>entertained</unclear>, the party should be freed from<lb/> | persuasion; so that if the Judge were satisfied such a<lb/> persuasion <del>were</del> <add>were really</add> <unclear>entertained</unclear>, the party should be freed from<lb/> | ||
<add>punishment</add> | <add>punishment</add></p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
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30) Persl: Injs: Disablemt. tempy.
into account.
1 Where a ground of exemption was imagined to subsist, but falsely.
Lastly, I say, it is plain that where if is not in the D. understands
that the Law permitts a man (as by the supposition
it does) to defend his property, understanding
at the same time the thing in question
to be his property, it is not any punishment
that the Law can denounce against those who do
find the possession of what is not their property that can prevent
him. For not apprehending himself not to be within
the case in which the punishment is inflicted
he will be under no apprehension of undergoing
it [he not being expected by him, will not expect that it shall fall upon
him. It cannot operate with on him as a .
A second ground of extenuation
Secondly we are to show why it is that some in
such a case some punishment, though not the
whole punishment, ought to be denounced.
The reason of this results solely from the difficulty
there is of pronouncing with certainty whether the
false persuasion which is the ground of extenuation
[subsisted or not.] did really subsist or not: that is to say
such a full bona fide persuasion as the party
could not, by any pains he might be induced to
take by fear of punishment , be brought to correct.
It may be thought perhaps that it were sufficient to
refer it to the Judge to determine whe the fact of such
persuasion; so that if the Judge were satisfied such a
persuasion were were really entertained, the party should be freed from
punishment
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Identifier: | JB/072/165/004"JB/" can not be assigned to a declared number type with value 72. |
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not numbered |
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072 |
penal code |
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165 |
pers:l inj:s disabl:t tempy |
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004 |
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text sheet |
4 |
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recto |
e25 / e26 / e27 / e28 |
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jeremy bentham |
[[watermarks::[gr with crown motif] pro patria [with motif]]] |
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23782 |
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