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<p><!-- pencil -->19 Jan<hi rend="superscript">y</hi> 1807<lb/>
<p><!-- pencil --><unclear>13</unclear> March 1807</p>
Superseded?</p>
<p>In the use of these epithets a sort of division <add>classification</add> is implied,<lb/>
<p><del>In</del> The view thus taken of the subject should it be fortunate<lb/>
which if my humble conception of the matter should<lb/>
enough to obtain  <add>its information from Your Lordships <del><gap/></del> confident eye</add> Your Lordships concurrence</p>
happen to be right will turn out to be illusory, and productive<lb/>
<p>My respect for Your Lordships virtues will not permitt me<lb/>
of <del>much</del> practical <del><gap/></del> error upon a very extensive<lb/>
to doubt of Your Lordships sincere desire to apply to<lb/>
scale.  I will first submitt to Your Lordship<lb/>
the evil <add>disorder</add> a radical cure.  <add>Inclination is indubitable out of doubt:  but is power sufficient?</add>  Your wishes I make sure of <lb/>
the classification which presents <add>has presented</add> itself to <del>be</del> me as the one<lb/>
but have they <add>are they <del><gap/></del> accompanied with</add> power sufficient for carry them into effect?<lb/>
<del>suitable</del> fit for use, <del>from whence</del> <add>and from that</add> should it really appear<lb/>
Mistake me not, my Lord.  <del>it is not Your Lordships in</del><lb/>
fit, any other, the one here in question included, will appear <add>be seen</add><lb/>
The subject of my doubt <add>question</add> is – not whether Your Lordship be<lb/>
not to be so.</p>
strong enough in Parliament, but whether Parliament itself<lb/>
<p>When <del>a man's conduct</del> on any occasion it happens<lb/>
be strong enough against the lawyers?  Proofs of its not being <add>Instances where it has<lb/>
to a man's conduct to be blameworthy <add>unlawful in any other respect</add>, either it appears<lb/>
not been so</add> so, present themselves but be abundantly to my view:  but on<lb/>
to himself so to be, or it does not. The truth of this<lb/>
this subject I may have occasion to address <add>speak to</add> Your Lordship<lb/>
distinction and at the same time to its importance in a view<lb/>
more particularly in another place.</p>
to practice, all men have been more of less sensible, and in<lb/>
particular, all legislators.  Among the Romanists the <unclear>sense</unclear> of<lb/>
it <del><gap/></del> may be seen to have proceeded with more or less consistency<lb/>
the whole body of their jurisprudence, in particular the<lb/>
criminal branch in which the occasions for calling it into<lb/>
action are most frequentWhere the individual in question<lb/>
<del>is</del> is regarded as being conscious of the <del>impropriety</del> illegality<lb/>
blame-worthiness, impropriety – <del>of</del> the conduct any one of these<lb/>
and divers other names <add>terms</add> may alike serve, they speak of him<lb/>
as being <hi rend="underline">in malâ fide</hi> – <del>they</del> of his conduct as being <unclear>nurtured</unclear><lb/>
with <hi rend="underline">mala fides</hi> – or to use a word in still more frequent<lb/>
use with <add>among</add> the lawyers of that school with <hi rend="underline">dolus</hi>.</p>
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13 March 1807

In the use of these epithets a sort of division classification is implied,
which if my humble conception of the matter should
happen to be right will turn out to be illusory, and productive
of much practical error upon a very extensive
scale. I will first submitt to Your Lordship
the classification which presents has presented itself to be me as the one
suitable fit for use, from whence and from that should it really appear
fit, any other, the one here in question included, will appear be seen
not to be so.

When a man's conduct on any occasion it happens
to a man's conduct to be blameworthy unlawful in any other respect, either it appears
to himself so to be, or it does not. The truth of this
distinction and at the same time to its importance in a view
to practice, all men have been more of less sensible, and in
particular, all legislators. Among the Romanists the sense of
it may be seen to have proceeded with more or less consistency
the whole body of their jurisprudence, in particular the
criminal branch in which the occasions for calling it into
action are most frequent. Where the individual in question
is is regarded as being conscious of the impropriety illegality
blame-worthiness, impropriety – of the conduct any one of these
and divers other names terms may alike serve, they speak of him
as being in malâ fidethey of his conduct as being nurtured
with mala fides – or to use a word in still more frequent
use with among the lawyers of that school with dolus.


Identifier: | JB/091/003/001"JB/" can not be assigned to a declared number type with value 91.

Date_1

1807-01-19

Marginal Summary Numbering

Box

091

Main Headings

scotch reform

Folio number

003

Info in main headings field

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

c3

Penner

jeremy bentham

Watermarks

iping 1804

Marginals

Paper Producer

bernardino rivadavia

Corrections

Paper Produced in Year

1804

Notes public

"superseded?"

ID Number

28999

Box Contents

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