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Titre : An introduction to the principles of morals and legislation : printed in the year 1780 and now first published / by Jeremy Bentham,...
Auteur : Bentham, Jeremy (1748-1832)
Éditeur : T. Payne (London)
Date d'édition : 1789
Type : monographie imprimée
Langue : Anglais
Format : 9-CCCXXXV p. ; in-4
Format : application/pdf
Droits : domaine public
Identifiant : ark:/12148/bpt6k93974k
Source : Bibliothèque nationale de France, département Droit, économie, politique, F-17858
Relation : http://catalogue.bnf.fr/ark:/12148/cb30085224s
Provenance : bnf.fr
Date de mise en ligne : 15/10/2007
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xdl <y[CONSCIOUSN'ESS.]
1
INTROD.
r,'
CHAP. IX.
Ufe of this
and the pre-
ceding chap-
ter.
and
to have been diftinguifhed from direct, were it to occur, it would pro-
babiy be deemed alfo to correfpond to dolus. The divifion into culpa,
lata, levis, and is fuch as nothing certain can correfpond to.
What is it that it expre~es ? A dIArncHon~ not in the cafe itfelf, but
only in the fentiments which any perfon (a judge, for inftance) may
find himfelf difpafed to entertain with relation to ic fuppofing it al-
ready diftinguifhed into three fubordinate cafes by other means.
The word dolus feems ill enough contrived the word culpa as in-
diiïerently. Dolus, upon any other occafion, would be under~ood to
imply deceit, concealment, clande~inity but here it Is extended to
open force. C~ upon any other occafion, would be underflood ta.
extend to blame of every kind. It would therefore include dolus
XVIII.
The above-mentioned definitions and dilunctions are far from being
mere matters of fpeculation. They are capable of the moft extenfive
See B. F. tit. [TheftJ ~c [amenable.1
Dolus, atlvtrtusqutsmhoAereqmnt!' p VIRGIL.
–––~M~e~«jM.!p<t~o)' HcM-BR..
pretend not here to give any determinate explanation of a fet of words, of which
the great misfortune is, that the import of them is confufed and indeterminate. r
~peak only by approximation. To attempt to determine thé preci<e import that has
been given them by a hundredth part of thé authors that have ufed them, would be an
endlefs tafk. Would any one talk intelligibly on this fubjeQ. in Latin r let him throw
out do/us altogether let him keep culpa, for the purpofe of expreffing not the cafe it-
felf, but the fentiment that is entertained concerning a cafe defcribed by other means.
For intentionality, let him coin a word boidly, and~~ay !'<!<~f<eM/j for unintentiôn~.
lity, non-intentionalitas. For unadvifcdneis, he bas already the word infcitia; tho' the
words imprudentia, ~c~~T~~M, were it not for the other fendes they are ufed in,. would
do better for nnadvi&dnefs coupled with heedleffnefs, let him fay infcitia f~~7~
for unadvifednefs wIthoutheedleiTnels,f~/a<<!f:c:7/j.' for mif-adviiednefscoitofed
with raihnefs, error calpabilis, <rfaf ~M~ar/a~, or error f~M temeritate for mif-advifed-
nefs without raihnefs, error Mfa~~7<j, error non y~Mj, or error fine ~M~<
It is not unfrequent likewife to meet with thé phrsfe, ~t:& aa/Mc a phrafe Hitl more
indeterminate, if poiEbIe, than any of thé former. It feems to have reference eithor
to intentionality, or to confcioufnefs, or to the motive, or to the difpoûtion, or to any
two or more of thefe taken together nobody can tell which thefe being objets which
f~em to have never hitherto been properly diftinguifhed and defined.
r1
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