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<p><!-- pencil -->4 Apr 1802 Inessentialia?<lb/> | |||
<head>Dispensing power</head></p> | |||
<p><add>In this as in other cases</add> I consider this ingredient as collateral and not<lb/> | |||
essential to the composition of the crime <add>criminality</add> – and that<lb/> | |||
for several conclusive reasons <add>each of itself conclusive</add>: 1. because in many<lb/> | |||
instances it is difficult and even impossible to<lb/> | |||
ascertain what have been the motive or motives<lb/> | |||
that have given birth to the act marked out <add>denounced</add> as<lb/> | |||
criminal: 2. because in many <add>all</add> cases, and in this<lb/> | |||
in particular, supposing the <add>presence of</add> criminal consciousness<lb/> | |||
no motive whatsoever would suffice to take the<lb/> | |||
act out of the predicament of a criminal one. <add>class of criminal ones.</add></p> | |||
<p>When James the 2<hi rend="superscript">d</hi> set up his dispensing power,<lb/> | |||
there was not the smallest doubt about the nature of<lb/> | |||
the motive by which his conduct was actuated: it<lb/> | |||
was no less than the pure and sacred motive of religious<lb/> | |||
zeal. It was for giving effect to what he<lb/> | |||
looked upon as the laws of God, that he took so much<lb/> | |||
pains in the general <gap/> of his conduct, but more particularly<lb/> | |||
by such of his acts as came under that description<lb/> | |||
to render of no effect those laws of man<lb/> | |||
in the <del>composition</del> making and unmaking of which<lb/> | |||
he possessed by law no more than a third share.<lb/> | |||
But this consideration <add>circumstance</add> so far from <del>made</del> being considered<lb/> | |||
as rendering the act legal and dispunishable<lb/> | |||
seemed rather, by reason of the strength of the motive<lb/> | |||
to encrease the demand for punishment, for that sort<lb/> | |||
of punishment which the peculiar <add>and privileged</add> station of the offender<lb/> | |||
admitted of – forfeiture of his high office.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Ready_For_Review}} | ||
4 Apr 1802 Inessentialia?
Dispensing power
In this as in other cases I consider this ingredient as collateral and not
essential to the composition of the crime criminality – and that
for several conclusive reasons each of itself conclusive: 1. because in many
instances it is difficult and even impossible to
ascertain what have been the motive or motives
that have given birth to the act marked out denounced as
criminal: 2. because in many all cases, and in this
in particular, supposing the presence of criminal consciousness
no motive whatsoever would suffice to take the
act out of the predicament of a criminal one. class of criminal ones.
When James the 2d set up his dispensing power,
there was not the smallest doubt about the nature of
the motive by which his conduct was actuated: it
was no less than the pure and sacred motive of religious
zeal. It was for giving effect to what he
looked upon as the laws of God, that he took so much
pains in the general of his conduct, but more particularly
by such of his acts as came under that description
to render of no effect those laws of man
in the composition making and unmaking of which
he possessed by law no more than a third share.
But this consideration circumstance so far from made being considered
as rendering the act legal and dispunishable
seemed rather, by reason of the strength of the motive
to encrease the demand for punishment, for that sort
of punishment which the peculiar and privileged station of the offender
admitted of – forfeiture of his high office.
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Identifier: | JB/121/349/001"JB/" can not be assigned to a declared number type with value 121. |
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1802-04-06 |
Not numbered |
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121 |
Panopticon |
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349 |
Inessentialia? Dispensing power |
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001 |
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Text sheet |
1 |
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Recto"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property. |
D1 |
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[[notes_public::Quere an inserendum [note in Bentham's hand]]] |
001 |
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