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''This | <head>GENERAL EXEMPTIONS. False Distribution of. by. <del><gap/></del> <add>Blackstone</add><lb/>Accident.</head> | ||
<p>After having thus particularly discussed the topic of intention, we shall find little difficulty<lb/> remaining <add>the applying it to</add> in the consideration of the several cases of Infancy — <gap/><lb/>Drunkenness — <del>Ignorance</del> <add>Accident</add> — <del><gap/></del> Necessity<add>+</add> <note>+ Self-defence - Advancement of Justice.</note> — <add>cases</add> enumerated by all <del><gap/></del> <add>Jurists</add> as<lb/> to many real or apparent heads of exemption from <add>criminality<add>guilt</add> <add>& therefore according to them <add>from</add>punishment.</p> | |||
<p>Guarded by the observations above established, we may dispense <gap/> from the metaphy-<lb/>operation of splitting the mind into Will and Understanding, an operation<lb/> which <add>in this instance</add> teaches those who perform it only to wonder more methodically <add><gap/> methodically wrong</add>, amp; is a<lb/>source of much perplexity, sense contradiction & no <add>not any</add> satisfaction. I say<lb/> "no satisfaction", because tho' in this method of treating the subject <add>object of</add> the [<gap/> <add>of</add>]<lb/>the] reader readily enough <gap/> <add>many of the</add> in positions ordinarily laid down, yet <add>it</add> <lb/>is no thanks to <del><gap/></del> <add>a</add> method which having no connection with the principle <add>of</add><lb/>[general] utility <add>which governs his affections</add>, is not calculated [to make any suppression upon the affections] <add>of itself to produce any well established conviction in his <add>mind</add><lb/></p> | |||
<pb/> | |||
<note>in <del>putting</del> which I dare say<lb/>the reader has <add>by this <gap/></add> anticipated me</note> | |||
<p>A Question of two <add>+ that may be put</add> will explore it's insufficiency very clearly. The Will is <unclear><add>wanting</add></unclear><lb/><add>in this man</add> <del>here</del>, the understanding <add>in that</add> is wanting there — [let it be so] — but what of <add>that</add><lb/>supposing punishment to be useful in these cases, ought it to be withholden? and<lb/>supposing it unless in <add>any</add> others besides these, ought it to be inflated? — The<lb/> truth is, the mind finding it impossible to acquiesce in either of those two reasons<lb/>silently <add><gap/></add> passes on to the popular one, viz: that it is unjust to punish any <gap/><lb/> for doing what he cannot help, and there it rests. <del><gap/> which</del> <add>This reason, it will be perceived</add> originated<lb/> ultimately in the principle <add>passion</add> of retribution or vengeance; which no longer finds a<lb/>-table object in a subject which destitute in the instance in question of all <gap/><lb/>character, <add>stands</add> is in that respect upon <add>in the same predicament</add> a level with a stock or stone.<add>II</add> But however<lb/>delusive <del>as</del> <add>when</add> taken for original, or referred to this latter origin, it may notwithstanding<lb/> be received when corrected [explained &] reduced <add>to a subordination to</add> the principle of <del>general</del> <add>utility</add><lb/> it may <add>for instance</add> <del>for</del> who cannot help what he does is not punished — why? not <add>merely</add> because<lb/> he <hi rend="underline">himself</hi> can not help it: but because, another man in a similar situation,</p> | |||
<note><add>II</add> a principle which running along<lb/> in a track in <add>many & even</add> most placed parallel<lb/>to the line of general utility, may<lb/>answer tolerably well the <add>ordinary</add> purposes<lb/> of private conduct: but as it<lb/> also deviates from it in other<lb/>places very widely, can never be<lb/>that which a Legislator is to<lb/>pursue.</note> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} |
GENERAL EXEMPTIONS. False Distribution of. by. Blackstone
Accident.
After having thus particularly discussed the topic of intention, we shall find little difficulty
remaining the applying it to in the consideration of the several cases of Infancy —
Drunkenness — Ignorance Accident — Necessity+ + Self-defence - Advancement of Justice. — cases enumerated by all Jurists as
to many real or apparent heads of exemption from criminality<add>guilt & therefore according to them <add>frompunishment.
Guarded by the observations above established, we may dispense from the metaphy-
operation of splitting the mind into Will and Understanding, an operation
which in this instance teaches those who perform it only to wonder more methodically methodically wrong, amp; is a
source of much perplexity, sense contradiction & no not any satisfaction. I say
"no satisfaction", because tho' in this method of treating the subject object of the [ of]
the] reader readily enough many of the in positions ordinarily laid down, yet it
is no thanks to a method which having no connection with the principle of
[general] utility which governs his affections, is not calculated [to make any suppression upon the affections] of itself to produce any well established conviction in his <add>mind
---page break---
in putting which I dare say
the reader has by this anticipated me
A Question of two + that may be put will explore it's insufficiency very clearly. The Will is wanting
in this man here, the understanding in that is wanting there — [let it be so] — but what of that
supposing punishment to be useful in these cases, ought it to be withholden? and
supposing it unless in any others besides these, ought it to be inflated? — The
truth is, the mind finding it impossible to acquiesce in either of those two reasons
silently passes on to the popular one, viz: that it is unjust to punish any
for doing what he cannot help, and there it rests. which This reason, it will be perceived originated
ultimately in the principle passion of retribution or vengeance; which no longer finds a
-table object in a subject which destitute in the instance in question of all
character, stands is in that respect upon in the same predicament a level with a stock or stone.II But however
delusive as when taken for original, or referred to this latter origin, it may notwithstanding
be received when corrected [explained &] reduced to a subordination to the principle of general utility
it may for instance for who cannot help what he does is not punished — why? not merely because
he himself can not help it: but because, another man in a similar situation,
II a principle which running along
in a track in many & even most placed parallel
to the line of general utility, may
answer tolerably well the ordinary purposes
of private conduct: but as it
also deviates from it in other
places very widely, can never be
that which a Legislator is to
pursue.
Identifier: | JB/063/124/002"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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124 |
book ist offences in general exemptions accident |
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002 |
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text sheet |
2 |
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recto |
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jeremy bentham |
[[watermarks::[gr with crown motif] [britannia with shield motif]]] |
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20313 |
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