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<note>32</note> | |||
<head>C</head><lb/> | |||
<head>Of Theft</head><lb/> | |||
<p>2. Because <del>persons</del> offenders would by <del><gap/></del> artifices<lb/> <del>which very</del> frequently could <del><gap/><gap/></del> undiscoverable<lb/> <del>would</del> give themselves an apparent<lb/> claim to this exemption, where a real <unclear>one</unclear><lb/>was wanting: and by this means practice the<lb/> offence with impunity.</p><lb/> | |||
<p>3. Because the quantum of the necessity which<lb/> contributes the extenuation varies by inscrutible<lb/>degrees: so that there is no saying that in this<lb/> case the excuse is completely valid, but in<lb/> the <unclear>nearest</unclear> is it that can be imagined, then<lb/> excuse would not be valid. It is very seldom<lb/> that one can say of a man who has stolen<lb/> a loaf of bread for instance, <add>or</add> "had he not stolen<lb/> that loaf nothing could have saved him."<lb/> But promise <add>is made</add> even for their non case by making<lb/> the <unclear>1</unclear> circumstance a ground of extenuation:<lb/> at least so long as there is a spark<lb/> of humanity in the judge.</p> <head>Question XII</head><lb/> <p>Why spontaneous restitution is made a<lb/> ground of extenuation?</p><head>Reasons</head><lb/> 1. <p>Because of proportionality diminishes the mischief<lb/> of the offence - <del>And</del> Per Introd. Ch. of Proportion]<lb/> Rule <gap/><gap/> when a man has made</p> | |||
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32
C
Of Theft
2. Because persons offenders would by artifices
which very frequently could undiscoverable
would give themselves an apparent
claim to this exemption, where a real one
was wanting: and by this means practice the
offence with impunity.
3. Because the quantum of the necessity which
contributes the extenuation varies by inscrutible
degrees: so that there is no saying that in this
case the excuse is completely valid, but in
the nearest is it that can be imagined, then
excuse would not be valid. It is very seldom
that one can say of a man who has stolen
a loaf of bread for instance, or "had he not stolen
that loaf nothing could have saved him."
But promise is made even for their non case by making
the 1 circumstance a ground of extenuation:
at least so long as there is a spark
of humanity in the judge.
Question XII
Why spontaneous restitution is made a
ground of extenuation?
Reasons
1.
Because of proportionality diminishes the mischief
of the offence - And Per Introd. Ch. of Proportion]
Rule when a man has made
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Identifier: | JB/071/050/004"JB/" can not be assigned to a declared number type with value 71. |
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071 |
penal code |
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050 |
of theft reasons |
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004 |
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text sheet |
4 |
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recto |
f29 / f30 / f31 / f32 |
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jeremy bentham |
[[watermarks::s. lay [britannia with shield motif]]] |
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alexander mavrokordatos |
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23453 |
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