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circumstances deemed Larceny at all:</p> | circumstances deemed Larceny at all:</p> | ||
<p><note><del>It does no honour to the Jurisprudence of a <gap/> <add><gap/></add> enlightened nation that the immense collection <add>of | <p><note><del>It does no honour to the Jurisprudence of a <gap/> <add><gap/></add> enlightened nation that the immense collection <add>of natural knowledge</add> which is its ornament & <sic>it's</sic> glory, may be ransacked with impunity of its choicest treasures because nothing in it is good to eat.</del></note> In the first place — <del>every thing</del> <add>1<hi rend='superscript'>st</hi> some things</add> + <note>+ 1 Hale 512 - 3 Coke Just. 109</note> that <del>it</del> <add>are</add> it <unclear>wold</unclear> <add>is at the same time</add> by <hi rend='underline'>nature</hi> (<sic>tho'</sic> actually time), <add>reclaimed as it is called</add> & not<lb/> | ||
fit for food:</p> | fit for food:</p> | ||
<p>If any body asks <del>me of</del> what are those <hi rend='underline'>things</hi> <add>are</add>? I answer from L<hi rend='superscript'>d</hi> Hale Bears<lb/> | <p>If any body asks <del>me of</del> what are those <hi rend='underline'>things</hi> <add>are</add>? I answer from L<hi rend='superscript'>d</hi> Hale Bears<lb/> | ||
<add><del>In the second place</del></add> | <add><del>In the second place</del></add> Foxes & Ferrets; <add>& from L<hi rend='superscript'>d</hi> Coke Apes <sic>Monkies</sic> & Polecats; & from both the Whelps or Calves of <del>those</del> <add>the</add> animals which each has respectively enumerated:</add> if I am asked what besides, I answer I know nothing of the matters for similitude<lb/> | ||
of Law [not specified] is to be collected from similitude of reason: & it is plain enough that reason<lb/> | of Law [not specified] is to be collected from similitude of reason: & it is plain enough that reason<lb/> | ||
has <del>here</del> nothing <del>at</del> all to do <del>with the matter.</del> <add>in the affair.</add></p> | has <del>here</del> nothing <del>at</del> all to do <del>with the matter.</del> <add>in the affair.</add></p> | ||
<p>We are however relieved from this <sic>embarassment</sic> by the Author of the Commentaries, according<lb/> | |||
to whom <note>4 Comm. 236</note> "<hi rend='underline'>some</hi>" <add>in this place</add> means "all"; & this is probably the construction <add>decision which</add> a question of this sort would receive<lb/> | |||
from the Judges <del>accustomed to encourage</del> <add>who are expected to give every encouragement to</add> absurd distinctions <del>made</del> <add>the result of which shall tend,</add> as the phrase is, in <gap/><lb/> | |||
vote. <note>The Statute of ....... has indeed fumigated most of them; but not all.</note></p> | |||
<add>If this be <del>the</del> case,</add> In the mean time it does no honour to the Jurisprudence of a learned & philosophical nation <add>by which one way or other a victim is saved from a sanguinary Jurisprudence.</add><lb/> | |||
that that <add>invaluable</add> immense collection of natural knowledge than which it has not a more signal<lb/> | |||
ornament, may be <del><gap/></del> ransacked with impunity of <sic>it's</sic> choicest treasures, because <add>there is</add> nothing in<lb/> | |||
it <add>which</add> is good to eat: nor <add>is it easy to say</add> why the many persons who devise their sole <add>a very comfortable</add> <sic>livelyhood</sic> from these supposed<lb/> | |||
worthless <add>animals</add> should have their property less secure than that of their neighbours | |||
LARCENY.
ANOMALOUS DOCTRINE RESTRICTIVE 1
If we now measure the amplitude of the excepted members of these capricious divisions, by applying to them them to the celebrated natural division into the 3 grand classes or Kingdoms as they are called the Animal, the vegetable and the Mineral If after
any one thinks it is compleat: There is nothing here of a base nature but the intellects of certain Lawyers, who destituted themselves of all natural knowledge & ignorant of it's value, have refused the protection of the Law for their property to men more better deserving of it than themselves. he will find himself very much disappointed: so true it is that
voluminousness in Jurisprudence is a thing very different distinct from & often opposite to universality of comprehension either accuracy or comprehension. perfection
The most voluminous laws are not the most compleat. So far are all the offences from that come properly under this title of Larceny from having their
punishments duly adjusted, that there many thing is got a great multitude of very valuable articles the stealing of which is nor under any
circumstances deemed Larceny at all:
It does no honour to the Jurisprudence of a enlightened nation that the immense collection of natural knowledge which is its ornament & it's glory, may be ransacked with impunity of its choicest treasures because nothing in it is good to eat. In the first place — every thing 1st some things + + 1 Hale 512 - 3 Coke Just. 109 that it are it wold is at the same time by nature (tho' actually time), reclaimed as it is called & not
fit for food:
If any body asks me of what are those things are? I answer from Ld Hale Bears
In the second place Foxes & Ferrets; & from Ld Coke Apes Monkies & Polecats; & from both the Whelps or Calves of those <add>the animals which each has respectively enumerated:</add> if I am asked what besides, I answer I know nothing of the matters for similitude
of Law [not specified] is to be collected from similitude of reason: & it is plain enough that reason
has here nothing at all to do with the matter. in the affair.
We are however relieved from this embarassment by the Author of the Commentaries, according
to whom 4 Comm. 236 "some" in this place means "all"; & this is probably the construction decision which a question of this sort would receive
from the Judges accustomed to encourage who are expected to give every encouragement to absurd distinctions made the result of which shall tend, as the phrase is, in
vote. The Statute of ....... has indeed fumigated most of them; but not all.
If this be the case, In the mean time it does no honour to the Jurisprudence of a learned & philosophical nation by which one way or other a victim is saved from a sanguinary Jurisprudence.
that that invaluable immense collection of natural knowledge than which it has not a more signal
ornament, may be ransacked with impunity of it's choicest treasures, because there is nothing in
it which is good to eat: nor is it easy to say why the many persons who devise their sole a very comfortable livelyhood from these supposed
worthless animals should have their property less secure than that of their neighbours
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Identifier: | JB/073/041/001"JB/" can not be assigned to a declared number type with value 73. |
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073 |
law in general |
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041 |
larceny anomalous doctrine restrictive |
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recto |
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jeremy bentham |
[[watermarks::j honig & zoonen [lion with vryheyt motif]]] |
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23881 |
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