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'' | <pb/> | ||
<head><!-- in pencil -->Purs Tit. V. Ch. VII</head> | |||
<head><!-- in pencil -->Note (a) continued</head> | |||
<p><del>the writing</del> the obnoxious discourse is what it is,<lb/> | |||
<add>the facts <sic>alledged</sic> by it are true or false:</add> the censure <sic>convey'd</sic> by it is well or ill deserved.<lb/> | |||
In the case where the facts in it, if it contain<lb/> | |||
facts, <del>or the censure in it if it contain censure</del><lb/> | |||
are false, then and then only it becomes<lb/> | |||
material to <add>look into</add> the mind of the delinquent in order<lb/> | |||
to <add>measure out</add> <del>observer</del> the ground for punishment: though<lb/> | |||
even then it is not so much <add>his</add> <del>the <add>delinquent's</add></del> <hi rend='underline'>motive</hi> that<lb/> | |||
is the true object of enquiry (for what investigation<lb/> | |||
could be more hopeless?) as the condition of<lb/> | |||
<add>his mind</add> in point of <hi rend='underline'>consciousness</hi>. Though the fact<lb/> | |||
<sic>alledged</sic> by him turns out to be false, was he<lb/> | |||
conscious of its falsity, or did he believe it to<lb/> | |||
be true? if he did, was it upon probable grounds<lb/> | |||
or light grounds or no rational grounds at all?<lb/> | |||
In a word is his delinquency to accompanied with<lb/> | |||
<foreign>mala fides</foreign> with evil conscience, or is <add>was</add> it the<lb/> | |||
effect of a temerity more or less culpable, or if<lb/> | |||
an <del>error</del> altogether excusable mistake?</p> | |||
---page break---
Purs Tit. V. Ch. VII
Note (a) continued
the writing the obnoxious discourse is what it is,
the facts alledged by it are true or false: the censure convey'd by it is well or ill deserved.
In the case where the facts in it, if it contain
facts, or the censure in it if it contain censure
are false, then and then only it becomes
material to look into the mind of the delinquent in order
to measure out observer the ground for punishment: though
even then it is not so much his the delinquent's motive that
is the true object of enquiry (for what investigation
could be more hopeless?) as the condition of
his mind in point of consciousness. Though the fact
alledged by him turns out to be false, was he
conscious of its falsity, or did he believe it to
be true? if he did, was it upon probable grounds
or light grounds or no rational grounds at all?
In a word is his delinquency to accompanied with
mala fides with evil conscience, or is was it the
effect of a temerity more or less culpable, or if
an error altogether excusable mistake?
Identifier: | JB/051/273/001"JB/" can not be assigned to a declared number type with value 51. |
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051 |
evidence; procedure code |
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273 |
tit. v ch. vii |
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001 |
note (a) continued |
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text sheet |
1 |
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recto |
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jeremy bentham |
[[watermarks::[britannia with shield emblem]]] |
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16438 |
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