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The distinctions that have been above established are not to be esteemed visionary and uninstructive because the limits between the members of them are not always
accurately definable: nor because sometimes the existence of some member tho' perceived is perceived
but faintly — The limits been tween Light and Darkness are not definable: and yet the distinction
between Light and darkness is perfectly real and important.
Nor do I think it will be denied, especially when the use that is made of them in
the detail comes to be perceived, but that they are true in Theory they are true, & in practise may be useful:
provided that a man does not get to fancy that by spreading the outskirts of Mathematical
language on his subject, he has clothed invested that subject itself with Mathematical precision: nor to
call Demonstration, the precarious inductions of an experience often imperfect and equivocal:
and it must be acknowledged that our best reasonings on Jurisprudence are sometimes
nothing more
To say that these this Analytic Analytical process is too refined, that it is fallacious & had better
be neglected: that it is but to trust to natural good sense for our aestimate of the malignity of Crimes) without these or any other rules) any rule is
to say that the best way to hit a mark is not to look at it because your aim may
deceive you; but to shut your eyes and let fly into the Air.
What again is Good Sense? not certainly the same as instruct — It is that
mode of Sentiment then which is governed by some Rule: and this Good Sense is good
in proportion as the reason of those Rules by which it governs itself are well developped:
To point out the method of developping them orderly and consistently is what has been here
attempted. If there be any thing peculiar in the Scheme of Astimation here delineated, it consits not in the setting up of a new & unheard of measure, but in the applying with some degree of & adhering exclusively to steadiness and uniformity or natural & antient measure universally recognized a measure. the Helvetians whose discovered its all sufficiently, and universal right of domination was proclaimed it. Because by the illustrious Beccaria [v. Ch: ] adopted others since him without number & without name. the colours of good little more according to they have been his in keeping clear of the confered & Technical which have hitherto impeded & crossed it in it's application in distinguishing the colours of good and evil, a little more according to method than they have hitherto; & in detecting their presence or absence as we shall do hereafter in the instances of the several offences when separately considered by the application of that method now explained.
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Identifier: | JB/096/153/001"JB/" can not be assigned to a declared number type with value 96. |
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legislation |
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153 |
aestimation perorat. not a vague measure warburton |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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