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1825. Augt. 23d
Penal Code
Circumstance for this purpose to be considered are
1. The motive of the challenger.
2. The motive of the challengee, i.e the motive by which
he was induced to give acceptance to the invitation received.
Just natural motive of the challenger. In this case the
most natural motive is antipathy, and of antipathy the
most natural modification the desire of revenge. The sort
of wrong contemplated in this case may be any sort of
wrong except that of which reputation is the object, for
in that case, instead of, or along with this motive, will
have place the love of reputation.
A case in which the love of reputation may be considered
as having place along with antipathy or desire of
vengeance is that from which the gratification of his anti
social desire, the challenger adopts this mode in preference
to assault with or without intent to kill with or with
out consent, more particularly where the intent is, to kill
for in this case much & perhaps adequately infamy attaches itself to the crime
whereas in the other case, unless the wrong intended be, an
irreparable one, such as dismemberment mutilation of irremediable debilitation,
the infamy is but too commonly very far
from adequate. But in this case other inducements will
naturally intervene. One is the diminution ordinarily produced
by the circumstance of consent, in the quantity of punishment
actually inflicted as likewise the efficiency of the
means of prosecution employed; the other is the encreased facility
afforded by the circumstance of consent; the means of slaughter being voluntarily met by the intended victim.
Identifier: | JB/016/013/001 "JB/" can not be assigned to a declared number type with value 16.
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copy/fair copy sheet |
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richard doane |
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