JB/064/050/001

Click Here To Edit

1827. July 26. Oct. 23d.
Law Amendment Penal CodePlan of the Work Propositions
§. 2. Codification.
§. 1. Offences Collectively.
VIII. Justifications

Plan of the Work.
§. 1. Offences Collectively

163. 36. II Good & Evil XIII Exemptions
Under all systems of
law, exemption inevitable,
where number
of co-delinquents has
swelled to a certain
amount.
Several are the laws
to give due execution
to which would convert
all the members
of the community into
criminals.

164. 37. II Good & Evil VIII Justifications
VIII Justifications.
By justification, understand
a circumstance,
exempting the
Agent from the burthen
of punishment.

165. 38. II Good & Evil VIII Justifications

Efficient cause may
be a power or a law
right on the part of the
Agent to commit the
act.

166. 39. II Good & Evil VIII Justifications
The act justified is
in its nature evil,
why then exempt the
agent from satisfaction –
reason, preponderant
good of the act in
question.

167. 40. II Good & Evil VIII Justifications
So many modifications
of delinquency,
so many modifications
of lawful right
and power.

---page break---

Plan of the Work
§. 1. Offences Collectively

168. 41. II Good & Evil VIII Justifications
Example. Flagellation
constituted by
law, an offence.
Case 1. Flagellation
having no power of
doing so conferred on
him by law – no justification.
Case 2. Flagellator the
father of Flagellatee
under age. In this case,
the law gives the father
a right of doing so, and
by this enactment
flagellation not an
offence.
Case 3. Flagellation
inflicted by Judges Decree,
founded on Legislator's
enactment.
In this case, no offence.

169. 42. II Good & Evil VIII Justifications
Reasons for giving
to this circumstance
the nature of a justification.
1. Evil confined to 1st
order.
2. Effects of the 2d. & 3d.
order of the nature of
good.⊞ ⊞ 169* Reference to
the Table for the offence
to which justification is
and is not applicable.

170. 43. II Good & Evil VIII Justifications

Uses of the matter of
this head.
1. Maintenance of law
and government.
2. Information as to
manner of producing
this state of things.
3. Preserving functionaries,
acting as such, from
being dealt with as delinquents.
4. So as to persons at large
on account of action
preponderantly beneficial.

---page break---

Plan of the Work.
§. 1. Offences Collectively

171. 44. II Good & Evil IX Extenuat.
VIII IX Extenuations –
Examples.
1. Belief of legitimate
cause of justification.
2. Provocation received.
3. Provocation believed
to be given.

172. 45. II Good & Evil IX Extenuat.
Reasons for qualifying
these acts as extenuations –
1. Evil of 2d. order diminished.
2. So of evil of 3d. order.

173. 46. II Good & Evil IX Extenuations
Uses 1. Preserving
functionaries acting
as such from being
dealt with as delinquents.
1. Preserving persons
at large from needless
burthen.

174. 47. II Good & Evil X Aggravats
IX. Aggravations; a
circumstance indicative
of demand for
encrease of the amount
of satisfaction other than compensation or
punishment.

175. 48. II Good & Evil X Aggravations
In some cases, a
doubt whether a circumstance
should be
considered as an aggravation,
oe with the
act as a separate offence.
Examples –
1. Morbification perpetual.
2. Disfigurement perpetual.
3. Disablement perpetual.
4. Mutilation.

176. 49. II Good & Evil X Aggravations
Reasons for qualifying
these acts as separate
aggravations.

Identifier: | JB/064/050/001"JB/" can not be assigned to a declared number type with value 64.
Date_1	1827-07-26	Marginal Summary Numbering	[[marginal_summary_numbering::163 [or] 36 - 176 [or] 49]]
Box	064	Main Headings	Law Amendment; Penal Code
Folio number	050	Info in main headings field	Law Amendment Penal Code
Image	001	Titles	Plan of the Work / Offences collectively
Category	Marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D11 / E9 / F10
Penner		Watermarks
Marginals		Paper Producer
Corrections	Jeremy Bentham	Paper Produced in Year
Notes public		ID Number	20404
Box Contents