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168 Print II 2P5
An act of the first order may be divided into
two branches —
A justification is a circumstance which
when applied to any act removes from it its
mischievous pernicious noxious quality. They may be In the aggregate
they may be called grounds of justification or
for justifications.
Justifications in general which apply
to almost all offences may be
reduced classed under the following heads
1. Consent
2. Precaution against a greater calamity
3. Medical practice
4. Self defence
5. Sovereign power
6. Domestic power
In what manner is it that these circumstances
operate in the way of justification? We shall
see that upon some occasions they prove the
absence of all mischiefs upon other occasions
that the evil has been compensated, that is
to say that there has admitted from the act in question a preponderant a benefit more
than a quick alert. Th The evil of the first
order is the only of consideration here, for in
all these cases the circle of the record order
cannot be taken into the account. I shall confirm
myself here to some present observations. Ending
The first place of Consent.
1. Consent. The consent here understood meant is that
of the party who suffers the mischief evil of
evil upon the this is a
evil. What is can be more natural than to take it for
granted that when there is consent there exists
no evil or that it is completely compensated?
They for may advise the of
lawyers that when there is consent there is
no injury, This rule is founded upon two
very simple propositions that are that every
man is the best judge of his own intent
the other that no man would consent to
the performances of any act that would be injurious to him.
Identifier: | JB/047/058/002 "JB/" can not be assigned to a declared number type with value 47.
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1800-02-24 |
27-28 |
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047 |
evidence |
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058 |
evidence |
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002 |
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1 |
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recto |
d19 |
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jeremy bentham |
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