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Penal Code
Ch. III. Offences affecting Person+ Rep
§.3. Challenging
8
In the case of challengee
no incentives can be
found overpowering
the force of repressive
motives
In the case of a challengee, what incentive
is there that can be found, the force of which
can have the effectbe adequate to the purpose of overpowering
the force of the repressive. Upon a diligent survey
no such effect can be found. If in consequence
of acceptance, a conflict takes place, the
challengee is not the person in whose instance
the disposition and will to produce the effect has
borne, if, any part at all, the foremost part. If on the part of either the desire
of the actual conflict has really had any
part, not the challengee but the challenger is
he who has stood foremost in the expression of it.
Under these circumstances, the great probability will
in every case be that on the part of the challengee,
there has been no such desire at all: no sentiment
whatever but the strong and natural reluctance.
In these cases, nothing but a violent
apprehension of very general disrepute as likely
to be produced by non acceptance, can be sufficient
to produce acceptance. Whatsoever security
against ungrounded censure in case of such
refusal can be afforded and whatsoever satisfaction
in case of injuries sustained from in such
can be afforded to the party injured, is by the supposition
relatively afforded by opposite x prompt
judicature, cleared at any rate of every factitious
particle of expence: whatsoever humiliation is
due to the misconduct of the wrong-doer, is ready
to be inflictedattached to on him.
Identifier: | JB/016/031/001 "JB/" can not be assigned to a declared number type with value 16.
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