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[TOP LEFT MN: to seperate the Idea of that thing from the idea of every other thing that is liable to be confounded with it.
That a man may know upon occasion what particular ideas are [/comprehended] under a general term, & what are not comprehended in it]
The use of the Definition of a thing, is to ... distinguish that thing from every other. The use of the Definition of an offence that is of an act that is mischievous, is to distinguish it p/in thef rist place] from every act not mischievous, in the next place from every act which the mischievous is not mischievous in the same way. Now with regard to acts that are mischisvous what is the use of dsitinguishing one of them from another? In the 1st place it is because the 1st may require to have a different punishment from the 2: now when you would before which offence shall have which punishment, you must idstinguish one of them from the other - you mean that the offence A shall have the punishment A, of the offence B the punishment B. Now therefore he who is to take care that the punishment A is
[TOP RIGHT]
to be administered to one who has been guilty of the offence A, must be able to distinguish the offence A from every other act & particularly from the offence B, to enable him therefore to do so, you give? [/such] an account of the offence A as he shall see not to gree to any other act & in particular not to the offence B. THat is you give to each of those offences a different definition.
....
The use of Definitions of offences is therefore 1st to draw the boundaries between innocence and guilt. 2dly to draw the boundaries between guilts ... having different punishments,
how it is also 3rdly to draw boundaries between guiltys tho' they have the same punishment, which are to be made not by different evidence: that the p/acceded of] instrument of the offence charged may have an opportunity to make out the falshood of the charge, that, is to
[BOTTOM LEFT]
If I am a Legislator and I mean that a man shall be hanged for Murder, & transported only for Manslaughter, I must give such an account of Murder & of Manslauter as that the Judge shall not order p/to be] transported, a man who has done any of the acts which I mean when I p/think of] say Murder nor [/to be hanged] a man who has done any of these I mean when I say Manslaughter. That is I must give [/such] a definition of Murder p/as shall] that does not agree to acts of manslaughter, & of Manslaughter [/as shall] that does not agree to acts of Murder.
[BOTTOM RIGHT]
make out that has not done that act which he is charged to have done. now to make that out, he must know what that act is & if not, [x/.....?] he may ... employ himself in making out that he has not [/done] an act with which he is [u/not] charged, which is * [*: & so [/those who are] .... to try him as .... himself, los a toruble?] pains lost to himself and to those who are to try him: or else he may p/employ] not p/himself and] making out that he has not done the act with which he [u/is] charged: & so be ... the evil of the punishment.
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What the Indictment for the individual offence is to do to this end over and above what the Definition does for the specified offence of which that [/in question] is an individual instance is to specify 1st The time. 2d The place 3rdly If the injury p/he of thinks that of those which] have an indivvidual for their object; the person who is that object.
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Identifier: | JB/067/009/002"JB/" can not be assigned to a declared number type with value 67. |
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067 |
law in general |
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009 |
definitions of offences construction of |
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002 |
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text sheet |
1 |
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recto |
c2 |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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21842 |
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