JB/070/232/002

Click Here To Edit Party's own goods [BA][2] LARCENY after circumstances indicative of Consciousness AESTIMATION. ANOMALOUS DOCTRINE AMPLIATIVE.

It has been holden, and it is now Law, that a man may be guilty of Larceny by stealing
his own good: i:e: with intent ass is then said (for it can have no other motive) to charge the person to whom he has as for ance a
delivered them with the value. Which might be saidAnd act thing, in of which in favour ments would not be
but there is one consideration which never totally deceives against it. The Crime does
not properly consist [so much] in that act of removal, which had the goods been another man's would have
been stealing: for the mischief does not then commence but depends upon a subsequent netslipansing
to be taken to compleat the fraudulent design: viz: the bringing of a civil action for the value.
Now thereforethen by the supposition, the malefactor is a reprehensible man: for he has the goods, whic
are of such value as make it worth his while to incur the expence of a civil suit to
recover them: & he has also by the same supposition, wherewithal to support that expence:
there is therefore no occasion to annex that extraordinary penalty to this transgression which
has been shownobserved to be indeed necessary only by the defect of responsibility.

On the other hand it may be saidyed<add>replied conclusively -:Admitting that he is the malefactorresponsible, yet the manoeuvre is
of that sort as not to put him to answer but at his own(in himself<)/add> option: It will not be put to
answer, but in the event of his taking <add>(which for his power to do or not to do as he finds to answer his purpose) that step to compleat the fraudulent design which he
may very probably be able to compleat without it: For if he is not detected, it is even
[the] most probable that satisfaction will of course be made him for his supposed loss without
a litigation: as it must for certain in that case&even in the event of a litigation: and if he is detected, the worse that can all that can befall him is that
he must desist from his design - Now then he has a very good chance for succeeding in
his fraud without exposing himself at all to the penalty slight as it is: That penalty
therefore can never be sufficient. ButSay even should he be detected he may still succeed,
if it be the person entrusted, as is very likelyas may often be the case and he only, who detects him: that person
not beinghimself admissible in a civil Suit to prove [himself] that fact which constitutes his own defence:
& even without litigation; the under would show the realityfor what a man would know for he must yield after
would be an expensive litigation he would yield without: unless<add>a chance not to be reckoned upon to take this method of ing his dishonesty to offenuncertain he should know the other to be too </add>

The observation of all this would afford encouragement to persons not responsible, who might
without any wish try their chance by proceeding a certain length without rced
that farther length which requires such a property as constituting responsibility. - It would
afford a very fair chance to any unprincipled man can to have evidence of the d to double his property without hazard: he would but have to
delegate it to a directed for himself at such a place if he ed in stealing of it, an would then + + But it is plain, that the existence of the Thievish disposition being as strong in the most common instances of Theft, the mischief of the 2d & 3d orders is the same: and that of the 1st is by the supposition: and the popular indignation of it made by difference, Let us see what lights our principles afford towards the decision of the question is - In the our head it may be urged

Identifier: | JB/070/232/002"JB/" can not be assigned to a declared number type with value 70.
Date_1		Marginal Summary Numbering
Box	070	Main Headings	of laws in general
Folio number	232	Info in main headings field	larceny aestimation anomalous doctrine ampliative
Image	002	Titles
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::j honig & zoonen [lion with vryheyt motif]]]
Marginals		Paper Producer	cc1
Corrections		Paper Produced in Year
Notes public		ID Number	23347
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