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1826. July 21.
Penal Code
(2)
Ch.
S.
4
In respect of compensation
if humiliation formed
part of the offer> wrong
humiliation will also form
the whole or part of the
punishment
In respect of compensation for the past,
if the case be such that humiliation has entered
into the composition of the wrong, it will be the
care of the Judge that humiliation, not merely
inequal, but to a more or less considerably
greater degree shall constitute in whole or in
part the punishment of the wrongdoer.
5
Given the cause of humiliation
to the parties
the degree of humiliation will be as the number of
bystanders.
The cause of humiliation being given,
and the relation of the bystanders persons in question to
the parties and the case being supposed the same,
the degree of humiliation will be as the number
of such bystanders. But the degree of humiliation
may be increased or diminished in
an indefinite degree more likely increased than
diminished by the relation of each bystander
to one or other or both parties. If for example,
the insult offered to the wrongee has been offered
to him in the presence of his Father, Mother,
Son, Daughter, Brother, Sister, his wife
or female to whom he were betrothed or whom
he were courting with a view to marriage,
or a friend to whom it seems probable that
he was looking for advancement in prosperity
through the medium instrumentality of his patronage.
6
For retaliation to be
effective it might be
necessary that witnesses
bear to the insulter the
same relation that the
witnesses of the humiliation
bore to the
wrongee.
In this case, the retaliation should be in effect effective,
and not merely in name. To render
it effective, it and apposite, it might perhaps be
necessary that these witnesses to the humiliation
process should be persons bearing the
sort of relation in question, not to the insulted
but to the insulter.
Under
Identifier: | JB/016/063/001 "JB/" can not be assigned to a declared number type with value 16.
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1826-07-21 |
4-6 |
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016 |
penal code |
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063 |
penal code |
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001 |
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copy/fair copy sheet |
1 |
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recto |
c2 |
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john flowerdew colls |
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5870 |
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