JB/016/126/001

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1827. Novr. Oct. 31
Law Amendment or Duelling extinguished

Propositions
Ch. Remedies
3 Satisfaction/Duelling
Offences affecting person and reputation
Presence Banishment

45
Origin of the practice
in the barborous times
of society

Of delinquency in the abovementioned modes, together including
the illegal antilegal and self-administered remedy the root lies in the
barbarism of the public mind in the age in which the existing system took its rise left its cradle.

Force was or as yet every In the origin of society, by force alone
is it governed: justice is unknown: as little by little experience advances gives to
force an admixture of justice: as civilization advances, less and less honour
is given to force more and more to justice. In the origin of the Italian
language such was the preponderance of force cattivo captive was
by became as it still continues synonymous to worthless. In this
state of things when wrong was done, public opinion ranged itself took the part on the
side not of the party wronged but of the authors of the wrong not
of the party wronged: reserving itself to go over to take that of that of the party
wronged in the event of his inflicting on his the adversary a wrong
greater wrong on condition of its imp being expressive of contempt
on the score of an imprudent deficiency of personal in bodily courage.
[+] In later virtues now
including every thing
that is either esteemed
or loved originally
had for its sole
meaning bodily courage
But if by joint agreement both concurred the parties having met for the purpose tried which
of them could kill or disable the other, and one of them or both succeeded, in
that case virtue in perfection in the highest degree on the scale was by the evidence
found to be in their possession, and to whatsoever there had been of
dishonour, honour in that same degree substituted. Bodily courage
a quality, at in itself on all occasions useful to the possessor, may with in its relation to
others be an instrument of virtue or vice, according to the application
made of it. It is capable of being has been and is not incapable
of being found having pain in the same mind with whatsoever
is most atrocious in crime and most odious and contemptible justly odious and contemptible in vice.
Of all applications which can be made of it the most flagitious mischievous
is that by which in the hands of the dueller who is known never
to miss it is rendered the instrument of secret and unbounded and secret tyranny. Secrecy is preserved by the shame which under the existing
system would attach upon a the refusal to be killed. He His has In his
hands is the power of capital punishment, himself the executioner inflictable
by him in person if singled out on any number at pleasure. By this power and to the extent
of it he has the power of exacting compliance in any shape at pleasure.

He raises on any subject
disputes at pleasure: in
his own way are they all
terminated.
He goes to the gaming table,
he cheats: if undiscovered
he pockets the money: if
discovered he still pockets
the money, and by fear
of death complaint is
silenced

Identifier: | JB/016/126/001 "JB/" can not be assigned to a declared number type with value 16.
Date_1	1827-10-31	Marginal Summary Numbering	45
Box	016	Main Headings	law amendment
Folio number	126	Info in main headings field	law amendment or duelling extinguishable
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3 / e17
Penner	jeremy bentham	Watermarks	brocklesby & morbey 1827
Marginals	george bentham	Paper Producer	edmund henry barker
Corrections		Paper Produced in Year	1827
Notes public		ID Number	5933
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