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<!-- upside down at the top of the page --> <p>OFFENDERS Principal & Accessory. <sic>Access.<hi rend="superscript">s</hi></sic> <hi rend="underline">after:</hi> {BR][3]</p> <head>Offenders Principal & Accessory <sic>ACCESSARY</sic> after:</head> <p>v. note in <sic>Comm.</sic> 38.</p> <p>This refinement <add>in Jurisprudence</add> which tallies so ill with the gross conceptions in other respects <add>on other topics of</add> <lb/> the age in which we observe it to have arisen <add>had its</add> birth, bears evident marks of being <add>smells strongly of the terms which <gap/></add><lb/> the offspring of those <add> men of no mean rank & consideration confederated together in Bands to pilfer & </add> times, when in England, as in Greece at an early period <add>is</add> <lb/><add>a Gentleman could/might be asked whether he was not a Robber without offence</add> was no disgrace <add>[to a gentleman]</add> to be thought a Robber. <hi rend="superscript">+</hi> <note> + <unclear>Thueyda</unclear> Homer</note></p> <p>However paradoxical it may seem, an accessory After was then <add>in truth</add> an accessory <lb/>before the fact</p> <p>under an engagement tacit or express habitual or <foreign> pro re nota</foreign> for material<lb/> succour & confederacy. It was <del><gap/> <gap/></del> <add>peace in</add> the little <gap/> amongst themselves, &<lb/> every man knew before hand where he might fly for succour</p> <!-- next section of text is in a box --> <p>It is true that an integrity might be conceived <add>at once</add> so heroical & so enlightened, as<lb/>by one bold effort to sacrifice every principle & affection to the <sic>public<hi rend="superscript">n</hi></sic> gamble.</p> <p>But experience <add><gap/></add> & the most intimate <del>knowledge</del> <add>scrutiny</add> into human nature assure us, that <add>such</add> <lb/> extraordinary exertions are not to be purchased <add>by the community of an individual</add> but by at the expense of the warmest & <add>most</add> <lb/>universal <gap/>;: a price which never will be paid <sic>till</sic> all men are equally illuminated by <add>this</add> <lb/><del>most</del> sublime philosophy; nor even then, while as here, the same conduct is equally producible <add><gap/></add>different motives, the one arduous & uncommon, which entitle to the tribute: the other <add><del>will be</del></add> easy & familiar which exempt</p><!-- end of section in box --> <p> Their Virtue will ever appease itself to the Law, and every man is <add>will be</add> virtuous when it <gap/><lb/>him nothing</p> <p>As the principle of <sic>honor</sic> is in these in whom it is strong <add>commonly</add><lb/> regarded as a first principle the cases in which it <gap/> <add>its' decisions</add> from <add>& is</add> <lb/> controllable by the principle of general utility being few & <add>disposed</add><lb/> & not taken <del>into</del> <add><foreign>co nomine</foreign> in </add> to the gross calculations of popular morality<lb/>& as it is its nature <add> — — — — merit/glory & it's</add> to be stubborn and invariable <add>inflexible</add>, it will not<lb/> [itself] <add> yield an</add> under the sudden force of a principle which all on a<lb/> sudden is presented as contrary & superior> <add> presents itself with an air of superiority & contradiction/<sic>controul</sic></add></p> As well <del> that case be</del> <add> every thing</add> compassed by this regulation that can be compassed<lb/> <add>all may be compassed by <gap/> & surer means, it appears to lie open the</add> <lb/> fullest consideration <add>Not worth while</add> & can give it not worth while to violate the<lb/> <unclear>simplicity</unclear> of the Law, <add>furnish examples <del>for</del> of its <gap/></add> & lay a snare for the integrity of Jurors<lb/> for the sake of establishing a punishment which will fall either upon<lb/> none <hi rend="superscript">2</hi> or upon the virtuous<hi rend="superscript">1</hi>.</p> | |||
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OFFENDERS Principal & Accessory. Access.s after: {BR][3]
Offenders Principal & Accessory ACCESSARY after:
v. note in Comm. 38.
This refinement in Jurisprudence which tallies so ill with the gross conceptions in other respects on other topics of
the age in which we observe it to have arisen had its birth, bears evident marks of being smells strongly of the terms which
the offspring of those men of no mean rank & consideration confederated together in Bands to pilfer & times, when in England, as in Greece at an early period is
a Gentleman could/might be asked whether he was not a Robber without offence was no disgrace [to a gentleman] to be thought a Robber. + + Thueyda Homer
However paradoxical it may seem, an accessory After was then in truth an accessory
before the fact
under an engagement tacit or express habitual or pro re nota for material
succour & confederacy. It was peace in the little amongst themselves, &
every man knew before hand where he might fly for succour
It is true that an integrity might be conceived at once so heroical & so enlightened, as
by one bold effort to sacrifice every principle & affection to the publicn gamble.
But experience & the most intimate knowledge scrutiny into human nature assure us, that such
extraordinary exertions are not to be purchased by the community of an individual but by at the expense of the warmest & most
universal ;: a price which never will be paid till all men are equally illuminated by this
most sublime philosophy; nor even then, while as here, the same conduct is equally producible different motives, the one arduous & uncommon, which entitle to the tribute: the other will be easy & familiar which exempt
Their Virtue will ever appease itself to the Law, and every man is will be virtuous when it
him nothing
As the principle of honor is in these in whom it is strong commonly
regarded as a first principle the cases in which it its' decisions from & is
controllable by the principle of general utility being few & disposed
& not taken into co nomine in to the gross calculations of popular morality
& as it is its nature — — — — merit/glory & it's to be stubborn and invariable inflexible, it will not
[itself] yield an under the sudden force of a principle which all on a
sudden is presented as contrary & superior> presents itself with an air of superiority & contradiction/controul
As well that case be every thing compassed by this regulation that can be compassed
all may be compassed by & surer means, it appears to lie open the
fullest consideration Not worth while & can give it not worth while to violate the
simplicity of the Law, furnish examples for of its & lay a snare for the integrity of Jurors
for the sake of establishing a punishment which will fall either upon
none 2 or upon the virtuous1.
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Identifier: | JB/063/107/002"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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107 |
[[info_in_main_headings_field::offenders principal and accessory access[orie]s after]] |
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002 |
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text sheet |
1 |
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recto |
c3 |
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jeremy bentham |
[[watermarks::[gr with crown] [britannia with shield motif]]] |
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20296 |
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