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<p>Why a total want of intention unaccompanied | <p>Why a total want of intention unaccompanied | ||
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by heedlessness is made a ground of extenuation : | by heedlessness is made a ground of extenuation: | ||
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insomuch as to exempt the <del>party</del> <add>Defendant</add> from | insomuch as to exempt the <del>party</del> <add>Defendant</add> from | ||
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all punishment except what may be included | all punishment except what may be included | ||
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in compensation ? | in compensation? | ||
<lb/></p> | <lb/></p> | ||
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<p>1 Because any greater degree of punishment would | <p>1 Because any greater degree of punishment would | ||
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be <del>groundless</del> inefficacious . <del>You r</del> A person by | be <del>groundless</del> inefficacious. <del>You r</del> A person by | ||
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accident has hurt you : but by the supposition | accident has hurt you: but by the supposition | ||
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he did not intend to hurt you : by the supposition | he did not intend to hurt you: by the supposition | ||
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he was not <add>so much as</add> conscious of his being | he was not <add>so much as</add> conscious of his being | ||
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such case in which punishment attaches | such case in which punishment attaches | ||
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upon a man : <del>he has</del> no punishment i<del>n</del>s | upon a man: <del>he has</del> no punishment i<del>n</del>s | ||
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before his eyes : whatever punishment therefore | before his eyes: whatever punishment therefore | ||
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really over hung him could not have any | really over hung him could not have any | ||
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effect upon his conduct : in other words it | effect upon his conduct: in other words it | ||
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could not but be inefficacious . | could not but be inefficacious. | ||
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2. Being inefficacious , it would be of course | 2. Being inefficacious, it would be of course | ||
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unprofitable ; since it would occasion mischief | unprofitable; since it would occasion mischief | ||
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without preventing any . | without preventing any. | ||
<lb/></p> | <lb/></p> | ||
1
C
Of Extenuations — Reasons
Question I
Why a total want of intention unaccompanied
by heedlessness is made a ground of extenuation:
insomuch as to exempt the party Defendant from
all punishment except what may be included
in compensation?
Reasons
1 Because any greater degree of punishment would
be groundless inefficacious. You r A person by
accident has hurt you: but by the supposition
he did not intend to hurt you: by the supposition
he was not so much as conscious of his being
in danger of hurting you: he therefore was
not conscious that he was of his being in any
such case in which punishment attaches
upon a man: he has no punishment ins
before his eyes: whatever punishment therefore
really over hung him could not have any
effect upon his conduct: in other words it
could not but be inefficacious.
2. Being inefficacious, it would be of course
unprofitable; since it would occasion mischief
without preventing any.
Identifier: | JB/071/014/001"JB/" can not be assigned to a declared number type with value 71. |
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071 |
penal code |
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014 |
of extenuations - reasons |
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001 |
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text sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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jeremy bentham |
[[watermarks::s. lay [britannia with shield emblem]]] |
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alexander mavrokordatos |
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23417 |
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