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person in the community. In the second place,<lb/> | person in the community. In the second place,<lb/> | ||
if there were, it is not punishment that could<lb/> | if there were, it is not punishment that could<lb/> | ||
[have any tendency to] prevent it.</p> | [have any tendency to] prevent it.</p> | ||
<p><del>It is</del> What makes it appear that the party is<lb/> | |||
not a person from whom the public have any<lb/> | |||
thing to fear is not strictly speaking the existence<lb/> | |||
of the exempting circumstance but his persuasion<lb/> | |||
of <sic>it's</sic> existence. C. the claimant makes an attack<lb/> | |||
upon a thing which D. the Defendant <del>at</del> has<lb/> | |||
<del>is</del> in his possession. D. <del>attacks C. in the person</del> <add>makes a personal attack</add><lb/> | |||
<del>of</del> <add>upon</add> C. in the view of disabling him from<lb/> | |||
effecting his purpose. Now let it appear 1<hi rend='superscript'>st</hi> that<lb/> | |||
D. does not believe it to be <del>his</del> own property; although<lb/> | |||
from <add>some incident</add> [a circumstance] of which he is not<lb/> | |||
apprized it happens to be his property. The defence<lb/> | |||
of the thing in question indicates a disposition<lb/> | |||
of enquiring and maintaining himself in the<lb/> | |||
possession of things that are not his property: <del>and</del> <add>a <del>this</del> disposition <del>as</del></add></p> | |||
<pb/> | |||
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26) Pers:l Inj: Disabl:t temp.y
1st Where a ground of exemption was imagined to subsist but falsely. belief [the persuasion] of the party was such as it
is here supposed to be, there could be no occasion ground
for any punishment whatsoever. In the first place
there is no public mischief to prevent: there would
be no more reason to apprehend any such act in
future from the delinquent, nor from persons who
engage in it any such act in this same no other persuasion
than that in which as the delinquent acted, than from any other
person in the community. In the second place,
if there were, it is not punishment that could
[have any tendency to] prevent it.
It is What makes it appear that the party is
not a person from whom the public have any
thing to fear is not strictly speaking the existence
of the exempting circumstance but his persuasion
of it's existence. C. the claimant makes an attack
upon a thing which D. the Defendant at has
is in his possession. D. attacks C. in the person makes a personal attack
of upon C. in the view of disabling him from
effecting his purpose. Now let it appear 1st that
D. does not believe it to be his own property; although
from some incident [a circumstance] of which he is not
apprized it happens to be his property. The defence
of the thing in question indicates a disposition
of enquiring and maintaining himself in the
possession of things that are not his property: and a this disposition as
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Identifier: | JB/072/165/002"JB/" can not be assigned to a declared number type with value 72. |
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not numbered |
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072 |
penal code |
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165 |
pers:l inj:s disabl:t tempy |
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002 |
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text sheet |
4 |
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recto |
e25 / e26 / e27 / e28 |
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jeremy bentham |
[[watermarks::[gr with crown motif] pro patria [with motif]]] |
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23782 |
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