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'' | <head>8 C</head> | ||
<head>Of Extenuations — Reasons</head> | |||
<p>-items into the account on both sides, the <hi rend='underline'>value</hi> of<lb/> | |||
the former seems upon the whole greater than that<lb/> | |||
of the latter.</p> | |||
<p>2. Because where it is inefficacious, it will<lb/> | |||
on that account be <hi rend='underline'>unprofitable.</hi> See Introd.<lb/> | |||
Ch [Cases unmeet &c] and Tit. [O Exemptions] Sect<lb/> | |||
Quest: I.</p> | |||
<p>3. Because it detracts from the mischief of<lb/> | |||
the offence: <add>(<del>[</del> See Tit. [Proportion &c])</add> viz: from the secondary mischief.<lb/> | |||
When <del>driven</del> <add>urged</add> to do mischief by force of threats<lb/> | |||
you may be made to <add>do</add> it. In that case <add>indeed</add> you<lb/> | |||
may be dangerous. But in that case only.<lb/> | |||
While left to follow the unrestrained bent of your<lb/> | |||
own inclinations, you are innocent.</p> | |||
<p>4. Because this circumstance <del>detracts from or</del> <add>excludes</add><lb/> | |||
<del>rather destroys</del> <del>obviates</del> all appearance of depravity<lb/> | |||
of disposition. See above Quest. 6.</p> | |||
<head>Quest. IX.</head> | |||
<p>Why compulsion (by <unclear>menacement</unclear>) is not made<lb/> | |||
a ground of total exemption; as physical<lb/> | |||
comulsion is.</p> | |||
<head>Reasons</head> | |||
<p>1. Because of the difficulty of ascertaining the<lb/> | |||
matter of fact. It may be, that though threaten'd <add>to</add></p> | |||
8 C Of Extenuations — Reasons
-items into the account on both sides, the value of
the former seems upon the whole greater than that
of the latter.
2. Because where it is inefficacious, it will
on that account be unprofitable. See Introd.
Ch [Cases unmeet &c] and Tit. [O Exemptions] Sect
Quest: I.
3. Because it detracts from the mischief of
the offence: ([ See Tit. [Proportion &c]) viz: from the secondary mischief.
When driven urged to do mischief by force of threats
you may be made to do it. In that case indeed you
may be dangerous. But in that case only.
While left to follow the unrestrained bent of your
own inclinations, you are innocent.
4. Because this circumstance detracts from or excludes
rather destroys obviates all appearance of depravity
of disposition. See above Quest. 6.
Quest. IX.
Why compulsion (by menacement) is not made
a ground of total exemption; as physical
comulsion is.
Reasons
1. Because of the difficulty of ascertaining the
matter of fact. It may be, that though threaten'd to
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Identifier: | JB/071/015/004"JB/" can not be assigned to a declared number type with value 71. |
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071 |
penal code |
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015 |
of extenuations - reasons |
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004 |
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text sheet |
4 |
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recto |
f5 / f6 / f7 / f8 |
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jeremy bentham |
[[watermarks::s. lay [britannia with shield emblem]]] |
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alexander mavrokordatos |
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23418 |
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